Case Note & Summary
The petitioners, Ravi Narayan Gaikwad, Shakuntala Narayan Gaikwad, and Firoz Babu Shaikh, were accused in Crime No.174 of 2018 registered at Ahmedpur Police Station for offences under Sections 354-D (stalking), 504 (intentional insult), and 506 (criminal intimidation) of the Indian Penal Code. They were granted bail by the Judicial Magistrate First Class on 26.05.2018. Subsequently, the victim died, and Section 306 (abetment of suicide) was added. The complainant, Hussain Rasulsab Shaikh, filed an application under Section 439(2) of the Code of Criminal Procedure, 1973, for cancellation of bail, alleging that the petitioners had misused their liberty by threatening him and other witnesses. The Additional Sessions Judge, Ahmedpur, allowed the application and cancelled the bail on 18.09.2018. The petitioners challenged this order in the High Court. The High Court heard arguments from both sides. The petitioners' counsel argued that the Sessions Court's order was based on vague allegations and that there was no evidence of misuse of liberty. The respondent State and the informant's counsel argued that the petitioners had threatened the complainant and witnesses, and that the cancellation was justified. The High Court examined the record and found that the Sessions Court had considered the material on record, including the complaint of threats, and had passed a reasoned order. The High Court held that the Sessions Court's order was not perverse and that the cancellation of bail was justified to prevent the petitioners from tampering with evidence and threatening witnesses. The High Court dismissed the criminal writ petition and upheld the cancellation of bail.
Headnote
A) Criminal Procedure Code - Cancellation of Bail - Section 439(2) CrPC - Misuse of Liberty - The court considered whether bail granted under Section 439 CrPC can be cancelled when the accused misuse their liberty by threatening witnesses and tampering with evidence. Held that cancellation of bail is justified when there is credible evidence of misuse of liberty, as the primary purpose of bail is to secure the presence of the accused and ensure fair trial. (Paras 1-10) B) Indian Penal Code - Abetment of Suicide - Section 306 IPC - Stalking - Section 354-D IPC - The petitioners were initially charged under Sections 354-D, 504, 506 IPC, and later Section 306 IPC was added after the victim's death. The court noted that the addition of Section 306 IPC indicates the gravity of the offence. (Paras 2-3) C) Criminal Procedure Code - Cancellation of Bail - Section 439(2) CrPC - Subsequent Events - The court held that subsequent events, such as the accused threatening the complainant and witnesses, are relevant considerations for cancellation of bail. The Sessions Court's order was based on such events and was not perverse. (Paras 4-10)
Issue of Consideration
Whether the Additional Sessions Judge was justified in cancelling the bail granted to the petitioners under Section 439(2) of the Code of Criminal Procedure, 1973, on the ground that they misused their liberty and threatened the complainant and witnesses.
Final Decision
The High Court dismissed the criminal writ petition and upheld the order of the Additional Sessions Judge cancelling the bail of the petitioners.
Law Points
- Cancellation of bail under Section 439(2) CrPC
- Misuse of bail liberty
- Threatening witnesses
- Abetment of suicide
- Stalking
- Criminal intimidation
