Case BriefsHigh Courts

Jammu And Kashmir High Court: The order passed by the Special Magistrate cancelling the interim bail granted to the petitioners-accused was set aside by a Single Judge Bench comprising of Janak Raj Kotwal, J.

The petitioners were booked under Sections 323, 341 and 354 of Ranbir Penal Code (RPC), 1989 along with Section 7(c) of the Protection of Civil Rights (PCR) Act, 1955. The petitioners applied for bail and the Special Judge by a detailed order admitted the petitioners to interim bail. Thereafter, considering the application moved by the victim of the alleged incident, the same Magistrate cancelled the bail already granted to the petitioners on the ground that they concealed the fact that they had moved an anticipatory bail application before the 1st Additional Sessions Judge which was dismissed as withdrawn; and also that the petitioners concealed the incorporation of special offence under the PCR Act in the FIR. Against this order of the Magistrate canceling the bail of the petitioners, they filed the instant petition.

The Court held it to be a well settled legal position that bail, interim or final, once granted, can be cancelled only if a case for cancellation is made out having regard to the factors, which are certainly other than those to be considered for the purpose of grant/refusal of bail. On considering the record, the Court found that there was no concealment of facts as alleged by the victim, stated hereinabove. The Court relied on the Supreme Court decision in Daulat Ram v. State of Haryana, (1995) 1 SCC 349, wherein it was held that:

“…the ground for cancellation of bail, broadly (illustrative and not exhaustive) are: interference or attempt to interfere with the due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner. The satisfaction of the Court, on the basis of material placed on the record or the possibility of the accused absconding is yet another reason justifying the cancellation of bail”.

Hence, the Court allowed the petition and quashed the order of the Magistrate canceling bail of the petitioners holding that the Magistrate fell in error of law in recalling the bail order on misconceived pleas of the victim. [Bushan Kumar v. State, 2018 SCC OnLine J&K 262, order dated 18-04-2018]

 

Case BriefsHigh Courts

Bombay High Court: While deciding a matter concerning the custody of minor girl where it was contended by the petitioner father that he should be given custody of the child as her mother was not financially sound enough to raise the child,  the Divisional Bench of Anuja Prabha Desai and A.S. Oka, JJ. held that there was no evidence that the mother neglected the child or deprived her of necessities and physical comforts in absence of which only on the basis of strong financial position the father cannot get the custody of the child.

In the said case it was also contended by the petitioner that the mother’s home was not conducive for child’s upbringing, as the conduct of child`s mother who had taken divorce twice was unsuitable for minor child. The Court did not find this issue as a detrimental factor in deciding the issue of entrustment of child.

The Court also observed that there was no elderly female member in the house of petitioner father or other children in the age group of the child to take care of the child or to provide her company, under such circumstances disturbing custody of child would cause mental stress and psychological trauma to child. [Shrirang Purushottam Deshmukh v. Radhika Shrirang Deshmukh, 2016 SCC OnLine Bom 10582, decided on 14-12-2016]