FARJAND ALI
Mukesh Kumar Agrawal S/o Shri Kailash Chand – Appellant
Versus
State Of Rajasthan, Through P. p. – Respondent
ORDER :
1. The instant application for cancellation of bail has been preferred on behalf of the complainant Mukesh Kumar Agarwal mainly on the grounds of abuse of liberty granted to the accused-respondents so also on the grounds of reasonability and propriety.
2. This court had granted bail to accused Sanjay Kumar Jangid and Dontesh Jangid vide order dated 22.03.2022 on the premise that the case was triable by the Court of Magistrate and they were in judicial custody and so also looking to the speculated longevity of the trial.
3. The petitioner moved an application for cancellation of bail granted to the above named accused and a Coordinate bench of this court had dismissed the bail cancellation application vide order dated 29.03.2023.
4. The complainant, aggrieved by the dismissal of application for cancellation of bail, had made approach to Hon’ble the Supreme Court by way of filing a Special Leave Petition (Criminal) No. 8357/2023, which converted into Criminal Appeal No. 1293/2024. Vide order dated 01.03.2024, Hon’ble the Supreme Court has set aside the order passed by a Coordinate bench of this Court dated 29.03.2023 and remit the matter back to this Court for making consideratio
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.
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
Cancellation of bail requires compelling evidence of misconduct or supervening circumstances affecting fairness of trial; mere subsequent offenses do not suffice.
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
Bail may be canceled when an accused violates conditions, especially if such violations threaten the integrity of a fair trial, as established by precedents.
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....
Violating Condition Imposed in Bail Order - Cancel Bail - Criminal activity violating condition/conditions imposed in the bail order, the same is a supervening circumstances to cancel the bail.
Superior court interferes with bail grant only if order arbitrary, perverse or ignores material like offence gravity; distinct from cancellation for supervening circumstances.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.