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SANJAY DWIVEDI
Mahesh Saket – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This is an application under section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS)/482 of the Code of Criminal Procedure for exercising extra-ordinary jurisdiction of this Hon'ble Court and sought quashing of the order dated 17.1.2025 whereby the Court below has rejected the bail granted to the applicant in Crime No.206/2023 vide order dated 3.10.2023. The Court has exercised the power provided under section 439(2) of Cr.P.C.
2. Learned counsel for the applicant submits that an offence was registered against the present applicant vide Crime No.206/2023 under sections 147, 148, 149, 294, 323 and 324 of the IPC. Later on an additional offence under section 326 of IPC was also added and applicant was arrested on 29.9.2023 and was sent to jail.
3. An application for grant of bail was moved under section 439 of Cr.P.C. and vide order dated 3.10.2023, the bail application was allowed and bail was granted to the present applicant, though, with certain conditions contained in the order itself. While considering the bail application, the Court has also taken note of the six offences registered against the present applicant as has been informed to the Court. It is stated in the appl
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 court ruled that mere registration of a subsequent offence does not justify automatic bail cancellation; a thorough inquiry into supervening circumstances is necessary.
Cancellation of bail requires specific and substantiated allegations of misconduct; vague claims are insufficient to meet the legal threshold.
Cancellation of bail requires cogent evidence of supervening circumstances; mere subsequent charges do not automatically justify cancellation if they do not affect the original trial.
Cancellation of bail requires compelling evidence of misconduct or supervening circumstances affecting fairness of trial; mere subsequent offenses do not suffice.
Bail once granted should not be cancelled without cogent reasons, and the court must consider supervening circumstances carefully.
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