Upgrad LLM

violation of bail condition and on emnity betweeen parties


Can any expert please help by providing any judgment of SC or of any High Court regarding following.

 

1) In an anticipatory bail, if the accused has violated condition of bail (i.e. marking presence once in a month in police station - violated continuously 5 times) then are there any cases mentioning that violation of condition must result in cancellation of bail...

 

2) In case of enmity between complainent and accused, is there any judgment indicating that enmity between parties does not matter as long as there is sufficient material to show that accused is guilty...

 

I tried searching indiankanoon but am unable to find any judgment regarding this... So kindly help.

 
Reply   
 

1. Thus it is clear from the aforesaid judgment that the guidelines laid down for the Magistrate for enlarging an accused on bail also applies to the Sessions Court as well as to the High Court in matters of enlargement of an accused on bail. However, so far as cancellation of bail is concerned the same stands on different footing altogether. It has been held by the Apex Court that granting of bail is one thing and cancellation thereof is quite another. Supreme Court in Dolat Ram and Ors. v. State of Haryana in paragraph 4 thereof has observed thus;

 

Rejection of bail in a non-bailable case at the initial stage and the cancellation of bail so granted, have to be considered and dealt with on different basis. Very cogent and overwhelming circumstances are necessary for an order directing the cancellation to the bail, already granted Generally speaking, the grounds for cancellation of bail, broadly (illustrative and not exhaustive) are: interference or attempt to interfere with the due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner. The satisfaction of the court, on the basis of material placed on the record of the possibility of the accused absconding is yet another reason justifying the cancellation of bail. However, bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered fit no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial These principles, it appears, were lost sight of by the High Court when it decided to cancel the bail, already granted The High Court it appears to us overlooked the distinction of the factors relevant for rejecting bail in a nonbailable case in the first instance and the cancellation of bail already granted.



Attached File : 157155854 aslam babalal desai vs st of maharashtra-1992 crlj 3712.pdf downloaded 104 times
 
Reply   
 


LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x