Back
MITALI THAKURIA
Lige Ori, S/o Shri Moli Ori – Appellant
Versus
State of Arunachal Pradesh – Respondent
JUDGMENT :
Heard Mr. M. Kato, learned counsel for the petitioner. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. D. Kamduk, learned counsel for the respondent No. 2.
2. This is an application under Section 439(2) of the Code of Criminal Procedure, 1973, for cancellation of bail order dated 18.07.2023, passed by the learned Sessions Judge, Aalo, in B.A. No. 13/2023, in connection with Aalo WPS Case No. 11/2023, under Sections 376/511/354/506 of the Indian Penal Code readwith Section 8 of the POCSO Act, 2012.
3. The brief facts of the case is that an F.I.R. was filed before the Officer-In-Charge, Women Police Station, Aalo, West Siang District, Arunachal Pradesh, on 03.07.2023, alleging inter alia that on 01.07.2023, at around 1.45 p.m., the victim, namely, Ms. X (name withheld), aged about 13 years, was locked inside the room by the present accused/respondent No. 2 and attempted to commit rape on her and in that process, the accused sexually assaulted her and also kissed her in her private parts several times. The accused also threatened her not to disclose to anyone about the incident. Thereafter, on the strength of the said F.I.R.,
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.
Superior court interferes with bail grant only if order arbitrary, perverse or ignores material like offence gravity; distinct from cancellation for supervening circumstances.
(1) Cancellation of bail – Concept of setting aside an unjustified, illegal or perverse order is totally different from concept of cancelling bail on the ground that accused has misconducted himself ....
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
The importance of complying with mandatory provisions of the law, recording reasons for granting or denying bail, and applying judicial mind in bail matters.
The discretion to grant bail must be exercised judiciously, considering the gravity of the offence, evidence, and potential obstruction of justice.
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.
Bail may be canceled when an accused violates conditions, especially if such violations threaten the integrity of a fair trial, as established by precedents.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
