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T. AMARNATH GOUD
Shantanu Mandal – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. the jurisdiction and grounds for bail cancellation under section 439 of crpc. (Para 1 , 2 , 7) |
| 2. factual background regarding bail applications and related orders. (Para 3 , 4 , 5 , 6) |
| 3. case law and principles regarding bail cancellation. (Para 9 , 10 , 11 , 12) |
| 4. public interest and constitutional protections in bail considerations. (Para 14 , 15 , 16 , 17) |
| 5. conclusion dismissing the criminal petition. (Para 18) |
JUDGMENT
1. Heard Mr. S. Lodh, counsel for the petitioner as well as Mr. R. Datta, learned PP for the respondent.
2. This is a petition under Section 482 of CrPC for quashing/setting aside the impugned order dated 23.11.2021 passed by the Special Judge, Gomati District, Udaipur in Special 20 of 2021 (NDPS) whereby Special Judge cancelled the Bail Order dated 04.09.2021 granted in favour of the petitioner and thereafter release the petitioner on bail in terms of the order dated 04.09.2021.
3. It is the case of the petitioner that he has been wrongly and unlawfully arrayed in a criminal case. He stated in his petition that he was arrested in connection with Case No.2021/RKP/090 dated 07.06.2021 under Section 22 (C),25, 27(A) & 29 of NDPS Act. Thereafter, w
Public safety in narcotics cases supersedes technicalities. Bail can be revoked under Section 439(2) if new circumstances arise, reflecting the need to protect life and liberty. The burden of proof o....
The court ruled that a bail order confirmed by a higher court cannot be revoked by a co-ordinate bench without new evidence and proper procedures.
The court ruled that a Non-Bailable Warrant cannot be issued without prior cancellation of bail and due process, emphasizing the necessity of following legal procedures.
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 once granted cannot be cancelled in a mechanical manner.
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
Violation of bail conditions, especially through further criminal activity, justifies cancellation of bail under Section 439(2) of the Cr.P.C.
The court reaffirmed that under the NDPS Act, bail should only be granted if satisfactory grounds exist for believing the accused is not guilty and unlikely to reoffend, emphasizing strict adherence ....
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.
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