Ram Murti and anr. Vs. State

Ram Murti and anr. vs State

Type Court Judgment Court Allahabad Decided Jul 28, 1975

~2 min read

https://sooperkanoon.com/case/464105

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/464105
Court: Allahabad High Court
Judge: Hari Swarup, J.
Decided On: Jul 28, 1975
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Ram Murti and anr.

Respondent

State

Legal References

Reported In: 1976CriLJ211

Excerpt

- .....the petitioners. according to the learned counsel for the applicants the reports were under section 506, i. p.c. and, as far as he knows no prosecution has yet been launched on the basis thereof.2. once the bail has been granted by the court, it can be cancelled only for valid reasons. the normal grounds for cancelling the bail are chances of jumping the bail, threatening or influencing the witnesses, interfering with the investigation or prosecution, obstructing the judicial process or otherwise misusing or abusing the bail. even if the bail is granted under section 167(2) for the reason that the charge-sheet had not been submitted within the period prescribed, it can be cancelled only for the reasons for which the bail granted otherwise could be cancelled. the court below has found no facts and given no valid reasons for cancelling the bail. the fact that the bail was earlier refused cannot by itself be a ground for cancelling the bail granted under section 167(2), cr.p.c. the order of the learned sessions judge being based on irrelevant considerations cannot be upheld. it is accordingly quashed and the order granting bail to the applicants dated 23-12-1974 is restored.3. in case the state government finds any relevant material to justify the cancellation of bail it will always be open to it to move the court for cancellation of bail.4. a copy of this order may be given to the learned counsel by august 4, 1975.

Full Judgment

ORDER

Hari Swarup, J.

1. The applicants were granted bail on 23rd December, 1974, as no charge-sheet had been submitted even though the period of more than 60 days had expired. The bail has now been cancelled by the learned Sessions Judge on 1st March, 1975. The grounds given by him are that the application for cancellation of bail had been moved by the State Government and that certain first information reports were lodged with the police. Learned Sessions Judge has not even mentioned the offences for which the first information reports may have been lodged if any proceedings consequent thereto had been initiated to prosecute the petitioners. According to the learned Counsel for the applicants the reports were under Section 506, I. P.C. and, as far as he knows no prosecution has yet been launched on the basis thereof.

2. Once the bail has been granted by the Court, it can be cancelled only for valid reasons. The normal grounds for cancelling the bail are chances of jumping the bail, threatening or influencing the witnesses, interfering with the investigation or prosecution, obstructing the judicial process or otherwise misusing or abusing the bail. Even if the bail is granted under Section 167(2) for the reason that the charge-sheet had not been submitted within the period prescribed, it can be cancelled only for the reasons for which the bail granted otherwise could be cancelled. The Court below has found no facts and given no valid reasons for cancelling the bail. The fact that the bail was earlier refused cannot by itself be a ground for cancelling the bail granted under Section 167(2), Cr.P.C. The order of the learned Sessions Judge being based on irrelevant considerations cannot be upheld. It is accordingly quashed and the order granting bail to the applicants dated 23-12-1974 is restored.

3. In case the State Government finds any relevant material to justify the cancellation of bail it will always be open to it to move the Court for cancellation of bail.

4. A copy of this order may be given to the learned Counsel by August 4, 1975.

Same Court & Year Allahabad · 1975 Same Parties Ram Murti and anr. vs State Same Subject Criminal Same Judge Hari Swarup, J.

Criminal