The High Court of Chhattisgarh dismissed a petition seeking cancellation of bail granted to an accused in a sexual assault case. The court held that mere apprehension of witness influence without concrete proof does not satisfy the stringent grounds required for canceling bail, relying on Supreme Court precedent.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 726 of 2024
---- Petitioner
Versus
---- Non-applicants
For Applicant :Mr. Ankur Diwan, Advocate For Non-applicant No.1/State :Mr. Dashrath Prajapati, PL.
:Mr. Ankur Diwan, Advocate
Hon'ble Mr. Justice Parth Prateem Sahu Order On Board
24/04/2024
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lodging of report i.e. 25 years, has granted bail. He submits that except the apprehension, there is no other material to show that applicant has made any attempt in any manner to influence the witness. Hence, there is no substance in this petition seeking cancellation of bail.
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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. 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 non-bailable case in the first instance and the cancellation of bail already granted."
Sd/(Parth Prateem Sahu) Judge
Nisha
1 issue framed by the court
Whether the petition seeking cancellation of bail granted to the accused is maintainable on the ground of apprehension of witness influence without concrete proof.
Colour shows how this judgement treated each authority
Dolat Ram & others v. State of HaryanaRelied on¶22
Dolat Ram & others v. State of Haryana , reported in (1995) 1 SCC 349 · Who else cites this
Xyz
State Of Chhattisgarh Through- Station House Officer, Police Station Pandari, Raipur (C.G.)
Sharad Kumar Thakur
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
