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CHANDRA KUMAR SONGARA
Vinay Kumar – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Instant application has been filed under Section 439 (2) of Code of Criminal Procedure, 1973 seeking cancellation of bail granted to the accused-respondent under Section 439 Cr.P.C. by this Court in S.B. Criminal Miscellaneous 2nd Bail Application No.9306/2020 vide its order dated 11.09.2020 in F.I.R. No.236/2020 registered at Police Station
2. Brahmpuri District Jaipur City (North) for offences punishable under Section 376 of I.P.C. and under Sections 3, 4, 5-D and 6 of POCSO Act. Submissions of learned counsel appearing for the petitioner/ complainant are that : (I) accused-respondent- Rohit Kumar was arrested on 09.04.2020 and was produced before the learned trial Court on 10.04.2020. Police filed charge-sheet on 09.07.2020 for offences punishable under Sections 5-E and 6 of POCSO Act and under Sections 376-AB & 202 of I.P.C. A bail application to this effect was filed by accused seeking benefit under Section 167 (2) Cr.P.C. on the ground that the charge-sheet was not filed within the period of 90-days and, therefore, accused was entitled for grant of statutory bail under Section 167 (2) Cr.P.C. However, the learned trial Court, vide its order dated 09.07.2020 (Annexure-2
The 90-day period for filing a charge-sheet under Section 167(2) Cr.P.C. is calculated from the date of remand, not from the date of arrest.
(1) Default bail – Courts have power to cancel bail and to examine merits of case in a case where accused is released on default bail and released not on merits earlier.(2) Deeming fiction under Sect....
The main legal point established in the judgment is that while granting bail, the gravity of the crime, character of the evidence, and the presumption of guilt under relevant acts should be considere....
The court established that a subsequent grant of bail by a higher court (Sessions Court) can be valid even after a prior dismissal by a lower court, provided the decision is well-reasoned and based o....
Cancellation of bail – Bail is a mechanism that secures liberty to accused without providing any unjustified benefit to them – Bail once granted cannot be cancelled without any reason.
Point of Law : Applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the cour....
Bail in serious offenses must consider all relevant evidence, especially victim statements, to prevent miscarriage of justice.
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