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NARENDRA SINGH DHADDHA
Bhairu – Appellant
Versus
State Of Rajasthan – Respondent
Key Points: - Very cogent and overwhelming circumstances are necessary for cancellation of bail already granted; not to be done mechanically (!) (!) - Bail cancellation under Section 439(2) CrPC should consider supervening circumstances affecting fair trial and confinement rather than mere addition of non-bailable offenses (!) (!) - The court quashed the cancellation order and allowed petitioners to remain on bail under Section 436 CrPC (!)
JUDGMENT
1. The instant criminal miscellaneous petition has been preferred against the order dated 25.11.2021 passed by learned Sessions Judge, Sawaimadhopur in FIR No.11/2021 registered at PS Bahrawanda Kalan, Distt. Sawaimadhopur whereby the learned Judge has allowed the application filed under Section 439(2) of the CrPC on behalf of State of Rajasthan and thus cancel the bail granted to the accused petitioner by virtue of adopting course of Section 436 CrPC.
2. Heard learned counsel for the petitioners and also learned Public Prosecutor appearing for the State. Perused the order impugned and the other material made available on record.
3. Briefly stated facts of the case are that an FIR No.11/2021 came to be registered at PS Bahrawanda Kalan, Distt. Sawaimad- hopur for the offence under Sections 147, 148, 149, 323, 341, 336 IPC. Since all the offences were bailable, therefore, the Investigating Officer took bail bonds of the petitioners in pur- suance of provisions contained in Section 436 CrPC. Subsequent thereto, the Investigating Officer added the offences under Section 324, 308 IPC. Since the added offences were non-bailable, there- fore, the State Government moved an applicati
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