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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
STATE – Appellant
Versus
BADRI RAM – Respondent
Order :
1. This application for cancellation of bail under Section 439(2) Cr.P.C. has been filed by the petitioner-State against the order dated 26.10.2016 passed by the coordinate Bench of this Court in S.B. Criminal Misc. Bail Application No.9739/2016, whereby while disposing off the anticipatory bail application, the investigating agency was restrained from arresting the petitioner.
2. The operative portion of the order dated 26.10.2016 is reproduced hereinbelow for the sake of ready reference:
“Considering the fact that the present petitioner has denied his voice being there in the transcript, the petitioner is directed to appear before the concerned investigating officer on or before 08.11.2016 and give his voice sample. The investigating officer shall take voice sample of the present petitioner and if the same is found to be that, which is there in the transcript, he would be at liberty to arrest the present petitioner.
However, till then, the petitioner shall not be arrested.
With the aforesaid directions, the present anticipatory bail application stands disposed.”
3. Heard learned Public Prosecutor and learned counsel for the accused respondent. Perused the material available on
Bail can be cancelled if the accused misuses liberty or interferes with the investigation, but the state must provide evidence of such actions.
The main legal point established in the judgment is the need for proper consideration of material on record while granting anticipatory bail and the importance of overwhelming circumstances for cance....
The main legal point established in the judgment is the requirement for candid disclosure of relevant and material facts when seeking anticipatory bail, as well as the need for substantial evidence t....
Cancellations of bail require very strong and cogent reasons, especially when considering incidents that occurred after bail was granted; mere allegations are insufficient without substantial proof.
The accused's non-cooperation with the investigating agency and flouting of bail conditions can lead to the cancellation of bail.
The main legal point established in the judgment is the requirement for supervening circumstances and overwhelming reasons for the cancellation of bail, as outlined in Gurbaksh Singh Sibbia v. State ....
The subordinate court has jurisdiction to entertain applications for cancellation of bail granted by a higher court based on violations of bail conditions.
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