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FARJAND ALI
Meera W/o Lt. Bhur Singh Dulawat – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
BY THE COURT
1. The instant Criminal Misc. Bail cancellation application has been preferred on behalf of the petitioner Smt. Meera, who happens to be the complainant/wife of the deceased in the case pertaining to the FIR No.106/2022 registered at the Police Station Khamnor, District Rajsamand for offences under Sections 394, 302, and 120-B of the IPC. She is aggrieved of the order dated 23.12.2022 passed by the learned Additional Sessions Judge, Nathdwara in Criminal Misc. Case No.241/2022 whereby respondent No. 2 Raju Singh S/O Bhur Singh Dulawat was granted bail by exercising judicial power incautiously and with sheer misuse of the discretion vested with the learned Sessions Judge concerned.
2. Bereft of the elaborate details, the brief facts of the case would be that an FIR No.106/2022 was lodged on 15.05.2022 at the Police Station Khamnor, District Rajsamand alleging inter alia that Bhur Singh, who was the father of the first informant Raju Singh and the husband of the petitioner, was found dead on a woven bed in his house. It was further alleged that some ornaments belonging to the deceased were also found missing and the suspicion was cast to the effect that someone migh
Judicial discretion in granting bail must be exercised judiciously, with specific reasons provided, especially when prior applications have been denied.
Judicial discretion in bail matters must be exercised judiciously, requiring changed circumstances for successive applications.
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
The main legal point established is that the discretion to grant bail should be exercised judiciously, considering the seriousness of the offence and the need for proper reasoning in bail orders.
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.
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 – Under normal circumstances, application for cancellation of bail filed on merits as opposed to violation of conditions of bail order should be placed before same Single Jud....
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....
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