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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PRANJAL DAS
Manish kumar agarwal, S/o. late Om Prakash Agarwal – Appellant
Versus
State Of Assam, Rep. By The Pp. – Respondent
| Table of Content |
|---|
| 1. fraudulent document led to bail. (Para 2 , 4 , 7) |
| 2. investigation findings reveal document fraud. (Para 3 , 8 , 9 , 10) |
| 3. no infirmity found in initial bail order. (Para 11 , 12) |
| 4. grounds for bail cancellation established. (Para 14 , 19) |
| 5. fraud vitiates judicial orders. (Para 20 , 21 , 24) |
| 6. cancellation of bail order confirmed. (Para 25 , 26) |
Judgment :
Pranjal Das, J.
1. Heard Sri Manish Kumar Agarwal, the petitioner in person. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State and Mr. K.M. Hasan, learned counsel for the respondent No. 2.
2. Invoking the provisions of Section 439 (2) Cr.P.C (as it existed then), the petitioner is seeking cancellation of order dated 14-10-2019 passed by this Court in AB/3239/2019, whereby the respondent No.2, Manoj Kumar Bora, was granted anticipatory bail in connection with Dibrugarh P.S. Case No. 442/2018(GR No. 1002/2018) – which was registered based on a complaint on behalf of the petitioner. For the purpose of the present adjudication, it is not really necessary to go into the details of the said case. However, by way of background facts, it may be mentioned that the complaint before police was lo
An order granted based on fraudulent documents is null and void, allowing for its cancellation under Section 439(2) CrPC.
Bail cancellation requires compelling evidence of misconduct or fraud; mere allegations are insufficient without substantive proof.
The court emphasized the limitations on the court's power to cancel bail and the need for strong and substantive reasons to arrest a person who is set at liberty by admitting him to bail.
The distinction between rejection of bail at the initial stage and cancellation of bail already granted, requiring overwhelming grounds for the latter.
The significance of statements recorded under Section 164 and Section 161 of the Criminal Procedure Code in considering applications for anticipatory bail cancellation.
Bail should not be cancelled without supervening circumstances that are not conducive to a fair trial.
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