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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJAY DWIVEDI
State of Madhya Pradesh – Appellant
Versus
Anil Saket – Respondent
ORDER :
1. This application under Section 439(2) of the Code of Criminal Procedure, has been filed for cancellation of bail granted to the respondent vide order dated 27.07.2022 in M.Cr.C. No.31685 of 2022 in relation to Crime No.515/2021 in which offence under Section 376(3) of INDIAN PENAL CODE and Section 3/4 of the Protection of Children from Sexual Offences Act, was registered at Police Station- Churhat, District-Sidhi.
2. This application for cancellation of bail has been filed mainly on the ground that against the respondent, after granting bail by this Court in the aforesaid offence, another crime has been registered vide Crime No.99/2023 for offence under Sections 294 , 323, 506, 34 of INDIAN PENAL CODE , and as such, misusing the liberty granted by the Court, he has violated the terms and conditions mentioned under Section 437(3) of Cr.P.C.
3. However, I am not convinced with the grounds raised in this application and in fact, the bail granted to the respondent in M.Cr.C. No.31685 of 2022 cannot be cancelled only because vide Crime No.99/2023, an offence has been registered against him subsequently. The Supreme Court in the case of Dolat Ram & Others Vs. State of Haryana,
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 cogent evidence of supervening circumstances; mere subsequent charges do not automatically justify cancellation if they do not affect the original trial.
(1) Mere violation of condition alone is not sufficient to cancel bail granted by court.(2) Stipulations contained in Section 437(5) and 439(2) of Cr.P.C. cannot be treated as a substitute for preven....
Point of law: There are no provisions in Cr.PC which specifically deal with cancellation of bail and instead, power is given to court as per sections 437(5) and 439(2) to direct person already releas....
Point of law : Hon'ble Apex Court has adverted to all the past precedents and has encapsulated the circumstances under which bail granted to the accused under S.439 (1) of the Cr. P. C. can be revoke....
Bail may be cancelled if the accused violates conditions by engaging in further criminal activity, with the court needing to assess the seriousness and context of such violations.
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
Violation of bail conditions, misuse of liberty, and involvement in criminal activities during the bail period are grounds for cancellation of bail, as per Section 439(2) of Cr.P.C.
Violating Condition Imposed in Bail Order - Cancel Bail - Criminal activity violating condition/conditions imposed in the bail order, the same is a supervening circumstances to cancel the bail.
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