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CHANDRA KUMAR SONGARA
Himanshu Sain – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Chandra Kumar Songara, J.
Instant application has been preferred under Section 439 (2) of Code of Criminal Procedure, 1973 seeking cancellation of bail granted to the accused-respondent No.2, namely Suresh son of Shri Kishore under Section 439 of Cr.P.C. by this Court in S.B. Criminal Miscellaneous Bail Application No.13771/2022 vide its impugned order dated 13.09.2022, in F.I.R. No.109/2022 registered at Police Station Vaishali Nagar District Jaipur for offences punishable under Sections 147 , 148, 149, 341, 323, 302 and 34 of INDIAN PENAL CODE .
2. It is submitted by learned counsel appearing for the complainant-petitioner that as per F.I.R., the accused-respondent No.2 had an active role in the murder of deceased-Vishal. It is also submitted that the deceased-Vishal had sustained six-injuries on his body, out of which two injuries were on the head of deceased caused by Mahendra and rest of the injuries were caused by other accused-persons. It is contended that the act of accused-respondent No.2 is serious in nature as he is regularly harassing the family members of the deceased. Therefore, the present application be allowed and the liberty of bail, so granted to the accused
The main legal point established in the judgment is that the power to grant bail should be exercised judiciously, following well-established principles, and not in a mechanical or cryptic manner.
Cancellation of Bail – Court while granting bail has not considered the nature and gravity of the accusations, severity of the punishment in the event of bail, likelihood of repetition of the offence....
(1) Bail – For grant or denial of bail, nature of crime has huge relevancy – Importance of assigning reasoning for grant or denial of bail can never be undermined.(2) Cancellation of bail – Bail once....
Cancellation of bail should be treated differently from a bail application and should only be cancelled if strong and compelling reasons exist, as established by legal precedents and guidelines.
(1) Application for cancellation of bail stands on a different footing than challenging order passed by High Court/Appellate Court releasing accused on bail.(2) Bail cannot be granted without looking....
The legal principle established is that strong and cogent reasons are required to deprive the liberty of an accused, and the prescribed procedure for seeking arrest or cancellation of bail must be fo....
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