LI Network
Published on: January 1, 2024 at 11:00 IST
In a recent development, the Rajasthan High Court has taken a stand against what it deems as illegal and perverse bail orders. The Court, led by Justice Sudesh Bansal, emphasized that a Superior Court has the authority to cancel an unjustified or perverse bail order.
The specific case involved two individuals facing charges under sections 143, 323, 341, and 302 of the Indian Penal Code, 1860 (IPC), as well as Section 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (SC/ST Act).
The Court pointed out two key grounds for reconsidering bail: if the initial order lacks judicial scrutiny and is based on unreasonable grounds, or if the accused misuses bail or if new circumstances make it unjust to maintain the order.
The High Court received three applications related to a single FIR, with Sunderlal seeking bail and complainant Ankit Meena filing applications to cancel bail for Lalaram Meena and Ramlal.
Ankit Meena, who filed the FIR, alleged an attack involving Lalaram Meena, Sunderlal, Ramlal, and others, resulting in the death of Yadram. While the High Court granted bail to some co-accused, including Ravi Meena, Rajesh Kumar, and Tinku Meena, the bail application of Sunderlal was rejected due to key prosecution witnesses not being examined yet.
The Court noted a flaw in the Sessions Judge’s decision to grant bail to Lalaram Meena and Ramlal, citing similarities with the co-accused released by the High Court.
The High Court emphasized that the Sessions Judge failed to consider the distinct nature of allegations against Ramlal and Lalaram Meena, making the principle of parity inapplicable.
Highlighting the lack of judicial scrutiny and legal application in the bail orders, the court concluded that they were unsustainable.
Moreover, the bench observed that Ramlal and Lalaram allegedly misused their liberty by threatening the complainant against testifying, leading to additional proceedings under the Criminal Procedure Code.
In light of these findings, the Court directed Ramlal and Lalaram Meena to surrender before the Trial Court by January 10, 2024.
The bail application of Sunderlal was rejected, and the bail cancellation applications filed by Ankit Meena against Ramlal and Lalaram were allowed.
The decision sets a precedent for the cancellation of bail orders based on flawed premises and misuse of liberty by the accused.