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1996 (7) TMI 602 - SC - Indian Laws

Issues:
Challenge to the cancellation of bail granted by the Punjab & Haryana High Court.

Analysis:
The judgment revolves around the cancellation of bail granted to the accused by the Punjab & Haryana High Court. The case stemmed from a longstanding land dispute between the accused and the complainant, leading to a violent altercation resulting in casualties on both sides. The accused was initially granted bail, but the complainant sought its cancellation, alleging threats by the accused. The High Court judge canceled the bail based on the accused's alleged concealment of material facts and misrepresentation of the case's circumstances. The accused appealed to the Supreme Court, arguing that the grounds for cancellation were unjustified.

The Supreme Court scrutinized the reasons for the bail cancellation. It questioned the High Court judge's decision to treat a complaint to the Chief Minister as a basis for cancellation, emphasizing the need for valid grounds for such action. The Court dismissed the two main grounds for cancellation raised by the High Court - suppression of co-accused's bail rejections and the absence of a cross-case against the complainant's party. It noted that the existence of injuries on both sides, despite the lack of a cross-complaint, did not warrant bail cancellation. Additionally, the Court found the accusation of suppression of facts to be unsubstantiated, highlighting the prosecution's duty to disclose such information. The Court also found no evidence of the accused issuing threats while on bail.

Consequently, the Supreme Court allowed the appeal, setting aside the High Court's bail cancellation order and reinstating the accused's bail. The judgment underscored the importance of valid reasons and evidence in decisions regarding bail cancellation, emphasizing the prosecution's responsibility to present relevant information to the court.

 

 

 

 

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