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N. V. RAMANA, KRISHNA MURARI, HIMA KOHLI
P – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Hima Kohli, J.
1. Leave granted.
2. The present appeal by way of special leave arises from an order dated 16 th November, 2021, passed by the learned Single Judge of the High Court of Judicature for Madhya Pradesh; at Jabalpur in MCRC No. 55343 of 2021, whereby an application filed by the respondent No. 2/accused under Section 439 of the Code of Criminal Procedure, 19731[for short “Cr.P.C.”] has been allowed and he has been granted bail on furnishing a personal bond for a sum of Rs.1,00,000/-(Rupees One Lac only) with a solvent surety in the like amount to the satisfaction of the trial court and certain other conditions imposed therein by the learned Single Judge in connection with Crime No. 39/21 registered on the complaint of the appellant at P.S. Mahila Thana, Jabalpur, State of Madhya Pradesh, for the offences punishable under Sections 376(2)(n) and 506 of the Indian Penal Code, 18602[for short the “IPC”].
3. A brief recapitulation of the facts of the instant case is necessary. The allegations levelled against the respondent No. 2/accused as recorded in FIR dated 21st
The considerations for grant of bail and cancellation of bail are distinct. Factors to be considered for anticipatory bail include the nature and gravity of the accusation, antecedents of the applica....
(1) Bail – For grant or denial of bail, nature of crime has huge relevancy – Importance of assigning reasoning for grant or denial of bail can never be undermined.(2) Cancellation of bail – Bail once....
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
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....
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
The main legal point established in the judgment is the requirement for reasoned bail orders, especially in cases involving serious offenses, and the factors to be considered while granting bail.
The main legal point established is that the discretion to grant bail should be exercised judiciously, considering the seriousness of the offence and the need for proper reasoning in bail orders.
The main legal point established in the judgment is that the power to grant bail should be exercised judiciously, following well-established principles, and not in a mechanical or cryptic manner.
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