DEVENDRA KACHHAWAHA
Nandlal Acharya – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Heard learned counsel for the petitioner appearing through video conferencing and learned Public Prosecutor and learned counsel appearing on behalf of the complainant, present-in-person. Perused the material available on record.
2. Learned counsel for the petitioner stated that no opportunity was given to the complainant at the time of granting anticipatory bail by learned trial Court. He further stated that if an opportunity was granted to the complainant, the situation would have different; he can place factual situation before learned trial Court and in that eventuality, the interim order would not have been passed by learned trial Court. In support of his contentions, learned counsel for the petitioner relied upon the following judgments as under:
2. J.K. International V/s State, Govt. of NCT of Delhi & Ors. reported in AIR 2001 SC 1142.
3. Kunhiraman V/s State of Kerala reported in ILR 2005 (2) Kerala 139.
He further stated that on the ratio laid down in above cases, impugned order passed by learned trial Court in a bail be cancelled.
3. Learned Public Prosecutor and learned counsel appea
Brij Nandan Jaiswal V/s Munna @ Munna Jaiswal and Anr. reported in (2009) 1 SCC 678
Dolat Ram & Ors. V/s State of Haryana reported in 1995 SCC (1) 349
The court established that the complainant does not have an automatic right to be heard in anticipatory bail proceedings unless the court finds it necessary.
Anticipatory bail – Specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by same Judge.
Anticipatory bail cannot be granted when prior applications have been rejected on merit and there has been non-compliance with Supreme Court directives without any change in circumstances.
A Criminal Court can rectify its own orders in exceptional circumstances to prevent miscarriage of justice, despite generally lacking review power, when errors arise beyond the party's control.
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....
Bail once granted to an accused person cannot be cancelled unless he violates the condition of the bail or does any act, deed, or thing to impede a fair trial of the case concerned.
The court clarified the interpretation of the Impugned Order and the inherent powers of the court in granting relief in anticipatory bail cases.
Anticipatory bail cannot be challenged through a petition under Article 227; it must follow the procedure outlined in Section 439(2) Cr.P.C.
The importance of expeditious disposal of anticipatory bail applications and the need to protect the valuable right of a person involved in matters concerning personal liberty.
The court emphasized the need for supervening circumstances or overwhelming evidence to warrant cancellation of bail, and highlighted the importance of not interfering with personal liberty without s....
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