Back
P. G. AJITHKUMAR
Jamsheer Ali S/o. Abdu – Appellant
Versus
State of Kerala – Respondent
ORDER
In this petition filed under Section 482 of the Code of Criminal Procedure , 1973, the petitioner assails Annexure- VIII order by which the Special Court for NDPS Act Cases, Kalpetta cancelled bail granted to the petitioner in Sessions Case No.228 of 2020 pending before that Court. The reason for cancelling his bail is that he violated condition No.2 in Annexure-III order, by involving in Crime No.51 of 2023 of Kalpetta Excise Range where offences punishable under Sections 20 (b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (NDPS Act) are alleged.
2. The petitioner would contend that the learned Special Judge did not consider any of the materials concerning Crime No.51 of 2023 and on mere perusal of Annexure-V occurrence report in that crime, mechanically cancelled the bail. When the learned Special Judge did so, the provisions of Section 439(2) of the Code are violated and Annexure-VIII order became illegal. Accordingly, the petitioner contends that the said order is liable to be set aside.
3. Heard the learned counsel for the petitioner and the learned Senior Public P
Cancellation of bail requires a thorough inquiry and cannot be based solely on subsequent criminal involvement; subjective satisfaction regarding the violation of bail conditions is essential.
Violation of bail conditions, misuse of liberty, and involvement in criminal activities during the bail period are grounds for cancellation of bail, as per Section 439(2) of Cr.P.C.
Bail cancellation requires cogent reasons; mere involvement in a subsequent crime does not justify cancellation without evidence of interference with justice.
Point of law : Hon'ble Apex Court has adverted to all the past precedents and has encapsulated the circumstances under which bail granted to the accused under S.439 (1) of the Cr. P. C. can be revoke....
Violation of bail conditions, especially through further criminal activity, justifies cancellation of bail under Section 439(2) of the Cr.P.C.
The court established that bail can be cancelled if the accused misuses their liberty by committing similar offences, emphasizing the societal impact of drug-related crimes.
Cancellation of bail requires cogent evidence of supervening circumstances; mere subsequent charges do not automatically justify cancellation if they do not affect the original trial.
Bail may be cancelled if the accused violates conditions by engaging in further criminal activity, with the court needing to assess the seriousness and context of such violations.
The court ruled that mere registration of a subsequent offence does not justify automatic bail cancellation; a thorough inquiry into supervening circumstances is necessary.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
