Another good judgment from hon’ble Apex Court, setting aside a HC order which cancelled Anticipatory bail on improper ground.
Tag: Bail Not Cancelled For Baseless Allegation
Biman Chatterjee Vs Sanchita Chatterjee & Anr on 10 February, 2004
Cunning knife got the bail granted earlier to husband, cancelled by the local magistrate for alleged reason that the appellant is not cooperating in the compromise talk.
The Hon’ble Supreme Court has rightly set aside the order of High Court at Ranchi.
Syed Abdul Majid @ Majid And Others Vs M.A.Jabbar And Another on 2 April, 2015
The District and Sessions Judge, Ranga Reddy District at L.B.Nagar cancelled the bail earlier granted to the Accused, on the baseless and unproven allegations that “some unknown persons on their behalf started threatening the defacto complainant with dire consequences if he does not come forward to compromise in the case“.
Hon’ble AP High Court has rightly held that the above is not a ground that can be relied upon for Bail cancellation under CrPC 439, as the said allegations are at that point in time are under investigation and the persons who allegedly threatened the defacto complainant and the connection of accused with them if any has to be found out only after through investigation by the concerned police.
…and…
By virtue of the order of lower Court, the personal liberty of the accused was jeopardized even before establishing their hand in the threat allegedly caused to the defacto complainant. Such an order of lower Court cannot be upheld.
