Dhimant Hasmukhbhai Hojiwala vs State Of Gujarat
11 July, 2023
Bench: Hemant M. Prachchhak
Introduction-
This application has been filed under Section 439(2) of the Code of Criminal Procedure, seeking the cancellation of bail granted to the respondent, who is the accused in a case. The bail was granted by the 2nd Additional Sessions Judge, Surat, in connection with an FIR registered under various sections of the Indian Penal Code.
Case-
During the hearing, the applicant’s advocate argued that the respondent had breached the conditions imposed by the court and the trial court by not remaining present before the concerned police station and the trial court. The trial could not commence due to the non-availability of the accused, and a non-bailable warrant was issued against the accused. The applicant requested the court to cancel the bail granted to the respondent.
The Additional Public Prosecutor representing the State of Gujarat did not contest the submission made by the applicant’s advocate.
Judgement-
The court examined the FIR, the impugned order passed by the trial court, and the order passed by a coordinate bench of the court. It considered the submissions made by both sides and the contents of the application.
It was found that the respondent had not complied with the conditions imposed by the court and the trial court after being released on bail. The accused did not cooperate with the investigation and did not appear before the trial court. The trial could not proceed due to the non-availability of the accused.
Based on the settled legal principle that if an accused does not cooperate with the investigating agency or does not comply with the conditions imposed upon them while granting bail, the bail can be cancelled, the court concluded that the bail granted to the respondent should be cancelled. It noted that the accused had violated the commitments made before the court and had not returned to India to attend the trial.
Referring to relevant decisions of the Supreme Court and the court itself, the court stated that when an accused flouts the conditions imposed upon them while granting bail, leniency should not be shown, and the bail should be cancelled.
Accordingly, the court allowed the application, quashed the impugned order, and cancelled the bail granted to the accused. It directed the accused to surrender immediately and authorized the Investigating Officer to take appropriate action to secure the accused’s presence in accordance with the law.
“PRIME LEGAL is a full-service law firm that has won a National Award and has over 20 years of experience in various sectors and practice areas. Prime legal falls into the category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Aadit Shah
