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ANOOP KUMAR DHAND
Siyaram Singh S/o Shri Natthi Singh – Appellant
Versus
State Of Rajasthan, Through P. P. – Respondent
ORDER :
1. The instant application under Section 439(2) Cr.P.C. has been filed for cancellation of bail granted to the accused respondent by the Additional Sessions Judge No.3, Bharatpur vide order dated 19.01.2024.
2. Learned counsel for the petitioner submits that prior to lodging of the instant FIR, one more FIR was registered by one Sunil Kumar, nephew of the petitioner, against the accused-respondent wherein the respondent has been alleged to have abused and beaten Sunil and his family members. Learned counsel submits that as per the instant FIR, the accused-respondent has caused certain injuries on the legs of the victim, namely Sunil, and looking to the gravity of the matter, bail should not have been granted to the accused-respondent by the learned Trial Judge. Learned counsel submits that the accused-respondent is a habitual offender against whom eight criminal cases are pending. Learned counsel submits that, under these circumstances, bail granted to the accused-respondent be cancelled.
3. Per contra, learned counsel appearing for the accused-respondent opposed the arguments raised by learned counsel for the petitioner and submitted that after appreciating the evidence avail
Bail once granted should not be cancelled without cogent reasons and must consider supervening circumstances.
Bail should not be cancelled mechanically; serious allegations and proper reasoning are essential for cancellation, and the learned Trial Court's discretion must be respected unless perverse.
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.
Bail once granted should not be cancelled without cogent reasons, and the court must consider supervening circumstances carefully.
The court ruled that mere registration of a subsequent offence does not justify automatic bail cancellation; a thorough inquiry into supervening circumstances is necessary.
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
(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....
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.
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