Shashwati Chowdhury
Published on: June 21, 2022 at 16:25 IST
The Gujarat High Court recently dismissed a Bail Plea on the grounds that “The accused misused his liberty by violating Bail conditions”.
In this instance, the Accused was charged with stealing goods valued Rs 42,35,000, and it is alleged that the accused committed a similar crime while the case was pending.
The Prosecution argued that the Bail Plea should be denied because he was served with a notice in 2017 but did not cooperate with the investigation.
It was also noted that the accused has committed multiple crimes of a similar nature, two of which occurred in 2021, and hence bail should not be granted.
Regarding the accused’s criminal past, Justice Ashutosh Shastri’s Bench said that the Accused’s mindset can’t be ignored while disposing of the bail plea.
Significantly, the Court relied on X versus the State of Telangana & Anr in its decision on bail cancellation and rejection.
According to the court, the first rejection of Bail in a non-bailable case, as well as the cancellation of Bail so granted, should be reviewed and dealt with on a different basis.
The Court further stated that compelling and overwhelming evidence is necessary for an order cancelling Bail when bail has already been granted.
As a result, the court ruled that the accused could not be granted further liberty (Aasifbhai Hajiabdul Bhaya versus State of Gujarat & Anr).