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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Rameshwar Vyas, J.
Subhash Soni – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Miscellaneous Bail Cancellation Application No. 66 of 2021
Decided On : 07-02-2022
Cancellation of Bail - Recovery of Gold - Legal Provision under Section 438 Cr.P.C.
Fact of the Case:
The complainant sought cancellation of bail granted to the accused under Section 438 Cr.P.C. as the accused did not return the gold or the amount to the complainant.
Finding of the Court:
The court found that the order of allowing bail should not be interfered with in a casual and routine manner. The court cited the case of Kanwar Singh Meena vs State of Rajasthan & anr. to emphasize that cancellation of bail can be done in cases where the order granting bail suffers from serious infirmities resulting in miscarriage of justice.
Issues: The issue was whether the bail order suffered from serious infirmities resulting in grave miscarriage of justice, and whether the trial court considered the material available on record while granting bail.
Ratio Decidendi: The court held that the grounds raised in the applications did not disclose any fact on the basis of which the court could come to the conclusion that the order suffered from serious infirmities resulting in grave miscarriage of justice. The court also emphasized that the trial court had considered the material available on record while granting bail.
Final Decision: The application for cancellation of bail was dismissed accordingly.
JUDGMENT
Rameshwar Vyas, J. - This application seeking cancellation of bail granted under Section 438 Cr.P.C. to respondent no.2 Shreeprakash @ Prakash in connection with FIR No.104/2021 in Criminal Miscellaneous Bail No.489/2021 by learned Sessions Judge, Churu, on 20.9.2021, has been preferred by complainant Subhash Soni.
2. Learned counsel for the petitioner - complainant submits that inspite of requirement of recovery of Gold from the accused - respondent no.2, the learned trial court erred in allowing the anticipatory bail to the respondent no.2. as per prosecution story, respondent no.2 neither returned the Gold nor amount of the gold to the complainant - petitioner.
3. Heard learned counsel for the parties and perused the material available on record.
4. In the considered opinion of this Court the order of allowing bail application to any person by the sub-ordinate court is not liable to be interfered in a casual and routine manner.
5. In the case of Kanwar Singh Meena vs State of Rajasthan & anr.: (2012) 12 SCC 180 the Hon'ble apex Court held as under:-
' It is trite law that cancellation of bail can be done in cases where the order granting bail suffers from serious infirmities resulting in miscarriage of justice. If the court granting bail ignores relevant material indicating prima facie involvement of the accused or takes into account irrelevant material, which has no relevance to the question of grant of bail to the accused, the High Court or the Sessions Court would be justified in cancelling the bail'.
6. In the present case the grounds raised in the applications do not disclose any fact, on the basis of which, this Court can come to the conclusion that the order suffer from serious infirmities resulting in grave miscarriage of justice.
7. Perusal of impugned orders reveals that the trial court while granting the bail has considered the material available on record. Hence, impugned orders passed by the trial court cannot be termed as perverse & suffer from grave infirmities.
8. The application for cancellation of bail is dismissed accordingly.
Cancellation of bail can be done in cases where the order granting bail suffers from serious infirmities resulting in miscarriage of justice.
Bail should not be cancelled mechanically; serious allegations and proper reasoning are essential for cancellation, and the learned Trial Court's discretion must be respected unless perverse.
(1) Cancellation of bail – Under normal circumstances, application for cancellation of bail filed on merits as opposed to violation of conditions of bail order should be placed before same Single Jud....
The main legal point established in the judgment is the need for proper consideration of material on record while granting anticipatory bail and the importance of overwhelming circumstances for cance....
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 main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
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