Bharatiya Nagarik Suraksha Sanhita, 2023
Section 482—Anticipatory bail—Petition for cancellation—FIR registered under Section 7 of the Prevention of Corruption Act—Cancellation of bail cannot be sought merely on the ground that bail ought not to have been granted—Once bail is granted, it can be set aside only upon a showing that the order suffers from gross illegality or that there has been a clear misdirection in the application of legal principles—Power to cancel bail must be exercised sparingly and only when cogent and compelling reasons exist—Courts are required to take a balanced view-safeguarding the interest of justice without lightly disturbing a decision that affects the liberty of an individual—Ordinarily, cancellation of bail may be justified if there has been misuse of the liberty granted, such as attempts to interfere with the investigation, influence witnesses, tamper with evidence, or commit similar offences while on bail—Mere reiteration of the case of the prosecution or a plea of re-appreciation of the same material already examined at the time of grant of bail, is not sufficient ground for cancellation—Petition dismissed.
[Paras 10 to 13]
Section 482—Anticipatory bail—Petition for cancellation—FIR registered under Section 7 of the Prevention of Corruption Act—No material to suggest that second respondent had abused the concession of bail in any manner—There are no allegation of any post-bail hyphen post-bail misconduct, nor is there any claim that new incriminating material has surfaced after the grant of bail—FIR and documents now relied upon were already on record at the time anticipatory bail was granted—A re-evaluation of the case purely on the basis of same facts and material previously considered by trial court cannot be carried out—Even though the allegations against second respondent are serious and concern corruption by a public servant, seriousness of the charge alone is not sufficient to justify cancellation of bail once it has been granted, unless accompanied by conduct or developments that adversely impact the integrity of the investigation or administration of justice—In the absence of any new material or post-bail misconduct on the part of second respondent, no justification found to interfere with the order granting anticipatory bail—Petition dismissed.
[Paras 13 to 15]