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SAMEER JAIN
Dayaram S/o Bhajan Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant petition is filed under Section 482 of Cr.P.C. assailing the impugned order dated 28.05.2024 passed by learned Court of Special Judge, Schedule Caste/ Schedule Tribe (PoA) Cases, Dausa, District Dausa in Criminal Miscellaneous Application no. 77/2024 whereby, the cancellation of bail application filed by the respondents under Section 439(2) of Cr.P.C. was allowed and the bail order dated 07.03.2024 was cancelled on the ground of subsequent addition of non-bailable offence under Section 302/120B, 342, 323, 364, 201 of I.P.C. in the Final Report (Charge-sheet). Moreover, arrest warrant against the accused-petitioner was issued.
2. The crux of the instant matter is that the Shri Asha Devi submitted a report qua her missing husband Shri Ramdayal Meena, and subsequently a MPR numbering 3/2024 was registered, on 08.02.2024 (Annexure-5). During the course of interrogation and investigation a dead body was found which was later on identified as Shri Santosh @ Sanjay’s body. Thereafter, a criminal F.I.R. was registered by Shri Ratan Lal, Assistant Sub-Inspector, for the offences under Section 143, 302, 201, 120B of I.P.C.
3. Resultantly, five accused persons including th
The court established that bail can be revoked upon the addition of non-bailable offenses if the initial order included provisions for such circumstances.
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
(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 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....
Cancellation of bail requires cogent evidence of supervening circumstances; mere subsequent charges do not automatically justify cancellation if they do not affect the original trial.
Court mandated that cancellation of bail requires due process, and an accused can seek bail for newly added charges without prior cancellation.
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.
The court emphasized the limitations on the court's power to cancel bail and the need for strong and substantive reasons to arrest a person who is set at liberty by admitting him to bail.
The court ruled that mere registration of a subsequent offence does not justify automatic bail cancellation; a thorough inquiry into supervening circumstances is necessary.
Superior court interferes with bail grant only if order arbitrary, perverse or ignores material like offence gravity; distinct from cancellation for supervening circumstances.
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