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VINIT KUMAR MATHUR
Om Prakash – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - The present application has been filed for cancellation of bail granted by this Court vide order dated 30.01.2020 passed in S.B. Criminal Misc. Bail application No. 1430/2020.
2. Learned counsel for the applicant submits that the respondent No.2 Shiv Kumar has violated the condition of the order passed by this Court on 30.01.2020 and therefore, the benefit of enlargement of the bail to respondent No.2 Shiv Kumar may be cancelled. Learned counsel further submits that the respondent No.2 had given undertaking before this Court that he will use all his resources and good offices for facilitation of payments due to the applicant complainant within a period of two months from the traders to whom the material has been supplied. He further submits that no efforts have been made by respondent No.2 for recovery of amounts due to the applicant complainant.
3. Per contra, learned Senior Counsel appearing for the respondent No.2 by way of filing a detailed reply has submitted that the respondent No.2 has made all his efforts by approaching the Investigating Officer and by providing all the requisite documents to facilitate the recovery of amount due to the applic
Compliance with bail conditions and cooperation with investigating agency for recovery of amount due to the complainant.
Failure to comply with bail conditions can lead to the cancellation of bail, as demonstrated in this case.
Violation of bail conditions, as evidenced by the accused's actions, warrants cancellation of the bail order.
Cancellation of bail requires cogent evidence of misuse or interference with justice, and mere non-payment of a disputed amount does not suffice.
The accused's indefeasible right to default bail under Section 167(2) of the Criminal Procedure Code and the importance of considering supervening circumstances justifying the cancellation of bail.
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