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Issues involved:
The judgment involves the cancellation of bail granted to the appellant by the learned S.D.J.M., Purnia u/s 498A IPC based on allegations of mental and physical cruelty, insufficient dowry, and illicit relations. The issues include the procedural irregularities in granting bail without proper consideration and relevant documents, leading to the subsequent cancellation of bail by the learned Sessions Judge and the High Court. Details of the Judgment: *Issue 1: Allegations of mental and physical cruelty, insufficient dowry, and illicit relations* The respondent No. 2 alleged that the appellant and his family subjected her to mental and physical cruelty for insufficient dowry and objected to illicit relations. The complaint filed by the respondent No. 2 led to the appellant's bail being cancelled u/s 498A IPC. *Issue 2: Procedural irregularities in granting bail* The learned Judicial Magistrate First Class granted bail to the appellant without proper consideration and without hearing the respondent No. 2 or her counsel. The bail application was heard hastily on the same day without waiting for relevant documents from the Sessions Court, leading to adverse inferences by the learned Sessions Judge and subsequent cancellation of bail. *Issue 3: Judicial discretion and arbitrary exercise of power* The learned Magistrate's decision to grant bail was deemed arbitrary and motivated by oblique motives. The High Court confirmed the cancellation of bail, noting that the learned Magistrate considered irrelevant documents and exercised discretion in an arbitrary manner, justifying the decision to set aside the bail order. In conclusion, the Supreme Court dismissed the appeal, upholding the cancellation of bail due to procedural irregularities and the arbitrary exercise of judicial discretion by the learned Magistrate. The judgment emphasized the importance of proper consideration, relevant evidence, and fair procedures in granting and cancelling bail under the law.
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