A victim filed an application seeking cancellation of the bail granted to the accused in a rape and illegal detention case. The high court noted the absence of supervening circumstances or new threats, rejecting the request to cancel bail.
Rejection of the application for cancellation of bail.
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Mamta Kale
27-appln-292-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Criminal Application No. 292 of 2023
XYZ (Victim in C.R.No. 210/2023 Registered with Kurduwadi Police Station) Solapur. Age 35 years, Occ. Household, District : Solapur. ...Applicant Vs. 1. Audumbar Jagannath Maske Age 57, Occ. Service, R/at. Bhange Galli, Madha, Tal. Madha, Dist. Solapur.
Mr. Krishna Tarde a/w. Siddhi Patil a/w. Manisha Devkar i/b. Prashant Hagare, for the Applicant.
Mr. Arfan Sait, APP for the Respondent – State.
MAMTAAMARKALE Digitallysigned byMAMTAAMARKALEDate:2024.09.0318:48:51+0530
Coram: R. N. Laddha, J. Date: 3 September 2024
P.C.
. Heard Mr. Krishna Tarde, the learned counsel for the applicant and Mr. Arfan Sait, the learned Additional Public Prosecutor, representing the respondent / State.
Page 1 of 4
Mamta Kale
27-appln-292-2023.doc
1(2001) 6 SCC 338
2(1995) 1 SCC 349
Page 2 of 4
Mamta Kale
27-appln-292-2023.doc
“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 of 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 it no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial.”
Page 3 of 4
Mamta Kale
27-appln-292-2023.doc
Furthermore, the records do not indicate that the accused has misused the bail concession granted to him. The learned Additional Sessions Judge has appropriately refrained from assessing the merits or demerits of the matter and succinctly summarised the evidence on record. Given that the investigation is complete and the charge sheet has been filed, and no new circumstances warranting revocation arises, this Court is not inclined to cancel the bail granted to respondent No.1.
R. N. Laddha, J.
Page 4 of 4
3 issues framed by the court
Whether the high court should cancel bail granted by the lower court in the absence of supervening circumstances.
Whether sufficient grounds exist to warrant the cancellation of bail already conferred upon the accused.
Whether the accumulated evidence interference or new factors suggest a need to revoke the bail order.
Colour shows how this judgement treated each authority
Puran Vs. Rambilas<sup>1</sup>Referred¶17
Dolat Ram Vs. State of HaryanaReferred¶20
2(1995) 1 SCC 349 · Who else cites this
1 provisions across 1 enactments
XYZ
Audumbar Jagannath Maske
The State of Maharashtra
R. N. Laddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
