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SUMEET GOEL
Roshan Lal – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sumeet Goel, J. (Oral)
This order will dispose of aforesaid two petitions filed under Section 439(2) of the Code of Criminal Procedure, 1973 for cancellation of regular bail granted to private respondent(s) vide orders dated 21.07.2022 and 22.08.2022 respectively passed by learned Additional Sessions Judge, Faridabad in FIR No.152 dated 23.03.2022 registered for offences punishable under Sections 498A, 304B, 506 and 34 of IPC at Police Station Dabua, District Faridabad, Haryana.
2. The petitioner is the father of the victim, whose marriage was 09:56 solemnized with Prem Pal on 09.12.2021 according to hindu rites and ceremonies. As per the prime stand of the petitioner (herein), the private respondent(s) along with their family members used to torment and threaten the deceased; in connivance with each other has hanged the deceased to death and hence an FIR ibid got registered by him.
3. Vide impugned order dated 21.07.2022 passed by learned Additional Sessions Judge, Faridabad, the respondent No.2-Gulkandi was granted regular bail; relevant whereof reads as under:
The court clarified the distinction between cancellation of bail and setting aside a bail order, emphasizing that cancellation requires supervening circumstances while setting aside challenges the me....
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
Superior court interferes with bail grant only if order arbitrary, perverse or ignores material like offence gravity; distinct from cancellation for supervening circumstances.
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 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....
Cancellation of Bail – Court while granting bail has not considered the nature and gravity of the accusations, severity of the punishment in the event of bail, likelihood of repetition of the offence....
The main legal point established in the judgment is that consistent violation of court directions and non-compliance with previous court orders can warrant the cancellation of bail. Additionally, the....
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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