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RAJNESH OSWAL
Arfana Parveen – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent
JUDGMENT
1. The petitioner was granted interim bail by this Court vide order dated 04.03.2022.
2. Response stands filed in which factual aspects of the case have been narrated and it has been stated that supplementary charge-sheet too has been filed. In view of this, interim bail granted to the petitioner vide order dated 04.03.2022 is made absolute on same terms and conditions.
3. Disposed of.
The court has the discretion to make interim bail absolute based on the filing of the response and supplementary charge-sheet.
Compliance with the conditions of an interim bail order and joining the investigation can lead to the court making the interim bail order absolute.
The court considered the age of the petitioner and the absence of allegations of bail condition violations in making the interim bail absolute.
The court's decision was based on the confirmation of interim protection and admission to court bail after the charge sheet had been filed and charges framed against the petitioner.
The court may grant interim bail considering the slow progress of trial, the petitioner's compliance with earlier interim bail order, and the period of detention in judicial custody.
The cancellation of interim bail is justified when the applicant violates bail conditions, misleading the court and evading legal responsibilities.
The court upheld previous interim bail conditions, allowing for bail to be made absolute even with incomplete settlements of disputes.
Dishonour of cheque and absconding of the petitioner led to the dismissal of the petition for anticipatory bail.
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