Case- State Of Gujarat vs Kantilal Narshibhai Bhimani (R/CR.MA/1239/2019)
Decided on: 23rd June 2023
CORAM: HON’BLE Justice Hemant M. Prachchhak
Introduction
The learned Additional Sessions Judge and Special Judge, Jamnagar, granted bail to the accused on September 29, 2018, in Criminal Miscellaneous Application No. 1576 of 2018. The State of Gujarat, represented by the learned APP (Assistant Public Prosecutor), is now seeking the cancellation of this bail, arguing that the order granting bail is illegal and arbitrary.
Facts of the Case
The defence counsel, representing the accused respondent, opposes the application and argues that the trial court considered all the relevant factors and evidence before granting bail.
The document also references several legal precedents related to the cancellation of bail. It mentions that cancellation of bail requires compelling and overwhelming circumstances, such as interference with the administration of justice, evasion of justice, abuse of the concession of bail, possibility of the accused absconding, likelihood of misuse of bail, or tampering with evidence or threatening witnesses.
Judgement
The judge reviewing the application states that after evaluating the impugned order and considering the arguments from both sides, there appear to be no overwhelming circumstances or breaches of bail conditions reported against the accused. Additionally, the investigating officer has not filed a chargesheet, and the trial could not proceed further. Considering these factors, the judge opines that the trial court rightly exercised its power under Section 438 of the Code.
The judge further emphasises the distinction between considering a bail application and deciding on a petition for its cancellation. The judge cites various legal precedents to emphasise that cancellation of bail requires compelling and overwhelming circumstances and should not be done mechanically.
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Written by- Aadit Shah
