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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Suresh Mahajan – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for cancellation of the bail granted by learned Additional Sessions Judge, Nurpur, H.P. (learned Trial Court) to respondents No.2 and 3 in Case No. 243/2024. It has been asserted that the petitioner is a businessman. The respondents Nos. 2 and 3 lodged an FIR No.326 of 2017 dated 22.10.2017 against the petitioner for the commission of offences punishable under Sections 420 and 506 read with Section 34 of the Indian Penal Code ( IPC ). The matter was compromised, and respondents Nos. 2 and 3 agreed to pay Rs.1,80,00,000/- as consideration for the property to the petitioner. A cancellation report was filed before the Court. Subsequently, the amount was not paid, and the petitioner lodged FIR No. 206 of 2021 and FIR No. 12/2022 against the respondents. Respondents Nos. 2 and 3 also filed a petition before this Court, which was registered as Cr.MMO No. 677 of 2023. The petition was dismissed by this Court on October 25, 2024. Respondents Nos. 2 and 3 filed a petition for granting pre-arrest bail, which was allowed, and the learned Trial Court granted interim bail to the respondents on 03.12.2024, which was confi
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.
Superior court interferes with bail grant only if order arbitrary, perverse or ignores material like offence gravity; distinct from cancellation for supervening circumstances.
(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 main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
Bail once granted should not be cancelled without cogent reasons and must consider supervening circumstances.
The court emphasized the limitations on the court's power to cancel bail and the need for strong and substantive reasons to arrest a person who is set at liberty by admitting him to bail.
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