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N. S. SHEKHAWAT
Vijay Kumar – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. factual background of the appeals. (Para 1 , 3) |
| 2. arguments for and against bail cancellation. (Para 4 , 5) |
| 3. court's observations and assessment of the trial. (Para 6 , 9 , 10) |
| 4. principles governing bail and its cancellation. (Para 7 , 8) |
| 5. final dismissal of the appeals. (Para 11) |
JUDGMENT
N.S.Shekhawat, J.
This order shall dispose of two criminal appeals i.e CRA-S-174-2022 titled as Vijay Kumar v. State of Haryana and Another and CRA-S-175-2022 titled as Vijay Kumar v. State of Haryana and Another, which have been filed under Section 14-A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Act"), read with Section 439(2) Cr.P.C for setting aside the orders passed by the Court of Additional Sessions Judge, Charkhi Dadri, whereby the regular bail has been allowed to respondents No.2/accused in both the appeals in a case arising out of FIR No.264 dated 18.10.2020 under Sections 285 , 307, 341, 427 506 read with Section 34 of IPC, under Section 25 of the ARMS ACT and under Section 3 (2) (va) of SC and ST Act, Police Station Badhra.
2. A prayer has been made in both the appeals to cancel the bail grant
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
The main legal point established in the judgment is that the grounds for cancellation of bail must be justified under section 439(2) Cr.P.C., and the progress of the investigation and the likelihood ....
The court reaffirmed that bail once granted should not be cancelled unless there are cogent reasons, and the absence of arrest during investigation can weigh favorably in granting bail.
Superior court interferes with bail grant only if order arbitrary, perverse or ignores material like offence gravity; distinct from cancellation for supervening circumstances.
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