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SANJEEV PRAKASH SHARMA
State of Rajasthan, Through PP – Appellant
Versus
Ravindra Malik – Respondent
JUDGMENT
1. Reserved on 18/01/2021 Pronounced on 20 /01/2021 1. By way of this application for cancellation of bail, the State of Rajasthan seeks cancellation of bail granted to the respondent- accused- Ravindra Malik under Section 438 Cr.P.C. in FIR No.493/2018 registered at Police Station Nayapura, Kota under Section 307, 427, 147, 148, 149 IPC and Section 3/25 Arms Act.
2. It may be noticed that this Court vide order dated 07/06/2019 granted bail to the respondent-accused by passing following order:-
Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the State and carefully scanned the relevant material available on record.
Learned counsel for the petitioner has submits that the coaccused have already been released on bail. There is no specific overt act against the petitioner and allegation is that the petitioner was accompanying the injured in the car and without expressing any opinion on the merits and demerits of the case a
Anticipatory bail can be revoked if the accused does not cooperate with the investigation or poses a threat to law and order.
Cancellation of bail requires compelling evidence of misconduct or supervening circumstances affecting fairness of trial; mere subsequent offenses do not suffice.
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 emphasized that bail should be denied if the accused's conduct poses a risk to the judicial process, particularly in cases involving serious offences and repeated criminal activity.
The significance of statements recorded under Section 164 and Section 161 of the Criminal Procedure Code in considering applications for anticipatory bail cancellation.
The main legal point established in the judgment is that consistent violation of court directions and non-compliance with previous court orders can warrant the cancellation of bail. Additionally, the....
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
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