FARJAND ALI
Dinesh Son Of Shri Dulli – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
FARJAND ALI, J.
1. The instant application has been preferred on behalf of the complainant seeking cancellation of bail granted by this Court vide order dated 24.05.2022 passed in SBCRLMB No.8080/2022 by keeping the Court in dark and not placing the true facts before the Court while obtaining an order by hiding the correct facts.
2. Heard learned counsel for the parties and perused the material available on record.
3. It is revealing that the bail application preferred on behalf of the accused-respondent Mahesh came to be allowed by this Court vide order dated 24.05.2022 passed in SBCRLMB No.8080/2022. The same is being reproduced hereunder:-
2. Learned counsel for the petitioner submits that a false case has been foisted against the petitioner. He has nothing to do with the alleged offences and no useful purpose would be served by keeping him behind the bars. The o
Bail granted based on misleading information can be revoked to uphold judicial integrity and ensure accurate legal proceedings.
The legal principle established is that strong and cogent reasons are required to deprive the liberty of an accused, and the prescribed procedure for seeking arrest or cancellation of bail must be fo....
The main legal point established in the judgment is the need for a judicious exercise of discretion in granting bail, considering factors such as the nature of the offense, severity of punishment, an....
(1) Judicial discretion in granting or refusing bail, as in case of any other discretion which is vested in a court as a judicial institution, is not unstructured.(2) Parity while granting bail must ....
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
The main legal point established is that the discretion to grant bail should be exercised judiciously, considering the seriousness of the offence and the need for proper reasoning in bail orders.
Cancellation of bail requires compelling evidence of misconduct or supervening circumstances affecting fairness of trial; mere subsequent offenses do not suffice.
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