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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
FARJAND ALI, J.
Harshadhipati, S/o. Shri Mukesh Kumar - Petitioner
Versus
State Of Rajasthan, Through Its PP. and Anr. – Respondents
S.B. Criminal Bail Cancellation Application No. 66 Of 2023
Decided On : 05-07-2024
Bail - Cancellation of Bail - SC/ST (Prevention of Atrocities) Act, 1989 - Section 14A(2), 3(1)(r), 3(1)(s), 3(2)(va) - The court emphasized the importance of maintaining public confidence in the legal system and the necessity of canceling bail when the accused's conduct undermines the integrity of the judicial process.
Fact of the Case:
The petitioner sought cancellation of bail granted to the respondent, an MLA, after he allegedly assaulted a public servant and exhibited intimidating behavior post-release, raising concerns about witness safety and the integrity of the judicial process.
Finding of the Court:
The court found that the respondent's conduct post-bail, including threats to witnesses and a public display of dominance, warranted the cancellation of bail to uphold justice and prevent further intimidation.
Issues: Whether the respondent's conduct after being granted bail justified the cancellation of that bail under the relevant legal provisions.
Ratio Decidendi: The court held that the conduct of the accused post-bail, particularly actions that threaten the integrity of the judicial process, can serve as a compelling reason for bail cancellation.
Result: The bail granted to the respondent is cancelled, and he is ordered to surrender before the trial court within 30 days.
JUDGMENT :
(Farjand Ali, J.) :
Implication of Law :
1. The mandate of law must be scrupulously observed, as it constitutes the legal framework that ensures societal cohesion and peace. The actions and conduct of individuals should be in consonance with the spirit and letter of the law, thereby reinforcing the principle that no one is above the legal system.
2. Under the constitutional framework, every individual is guaranteed with comprehensive protection, which is integral to maintain public confidence in the legal system.
3. Law serves as the bulwark of individual security, instilling confidence that fundamental rights to life and liberty are safeguarded. This assurance is derived from the procedural rigor established by law, which ensures that these rights are not merely theoretical but are actively protected and enforceable as guaranteed by the constitution of India.
4. Thus, the legal system not only promotes a sense of security but also reinforces the notion that the rights and freedoms of individuals are inviolable and protected by an overarching legal order. In this way, the law underpins societal stability and well-beings of an individual, emphasizing that adherence to it, is essential for the collective and individual good. It is through this unwavering commitment to legal principles that society can thrive as a peaceful and just habitat for all its members.
5. As Law and society are intrinsically connected, each reinforcing and sustaining the other. The existence of any group of individuals who have reached a consensus on a set of rules or a code for living together inherently leads to the development of law. This shared understanding forms the basis for a code of conduct, essential for inclusive and harmonious habitation within that society.
6. This concept of law emerges from the necessity of peaceful coexistence. Once the notion of a guaranteed order takes root in the minds of individuals, it becomes widely accepted and adhered to by all. Consequently, the concept of law originates and is subsequently given precedence above all else, establishing its supremacy.
7. No individual can thrive without the structure of law, regardless of their personal beliefs. The human race, with its unique propensity to assert dominance in various aspects, whether positively or otherwise, necessitates a regulated framework to channel its actions. Therefore, the necessity and acceptance of law is a must.
8. Human beings as a specie, possess a unique awareness of both their individual needs and their responsibilities toward other species too. This awareness encompasses essential aspects of his/her life such as hunger, shelter, growth, protection, and equitable development. Normally, everyone possesses these intrinsic senses. The guiding principles of law are derived from these basic human senses and needs. Thus, every individual who inherently possesses these senses, and therefore, in order to protect and balance them equitably, a code of conduct becomes indispensable. This code of conduct, is known as “LAW” which ensures the smooth, peaceful, and uninterrupted execution of daily life, enabling human society to function cohesively and prosperously.
9. In essence, law serves as the cornerstone of societal stability, ensuring that the rights and needs of individuals are respected and balanced against the collective good. It provides the framework within which individuals can achieve their potential while maintaining harmonious relationships with others. This legal framework is essential for the development and flourishing of human society, highlighting the inseparability of law and society.
Background of facts:
10. The petitioner/complainant has filed the present application seeking the indulgence of this court for the cancellation of bail granted to respondent No. 2, Giriraj Singh Malinga, by this Court, vide order dated 17.05.2022, in S.B. Criminal Appeal No. 837/2022 under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, 198
The court established that post-bail conduct, especially actions undermining judicial integrity, can justify the cancellation of bail under the SC/ST Act.
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
Cancellation of bail justified for violating conditions by threatening complainant post-release, as evidenced by recorded statement and fresh FIR; distinct from bail grant, warranted on cogent ground....
The court ruled that bail can be cancelled if the accused engages in further criminal conduct post-release, reflecting a disregard for the law.
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
Bail may be canceled when an accused violates conditions, especially if such violations threaten the integrity of a fair trial, as established by precedents.
(1) Cancellation of bail – Bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair tr....
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