Subhash Soni vs State Of Rajasthan And Others

Rameshwar Vyas, J

This application seeking cancellation of bail granted under Section 438 Cr.P.C. to respondent no.2 Shreeprakash @ Prakash in connection with FIR No.104/2021 in Criminal Miscellaneous Bail No.489/2021 by learned Sessions Judge, Churu, on 20.9.2021, has been preferred by complainant Subhash Soni.

Learned counsel for the petitioner — complainant submits that inspite of requirement of recovery of Gold from the accused - respondent no.2, the learned trial court erred in allowing the anticipatory bail to the respondent no.2. As per prosecution story, respondent no.2 neither returned the Gold nor amount of the gold to the

complainant — petitioner.

Heard learned counsel for the parties and perused the material available on record.

In the considered opinion of this Court the order of allowing bail application to any person by the sub-ordinate court is not liable to be interfered in a casual and routine manner.

In the case of Kanwar Singh Meena vs State of Rajasthan & Anr.: (2012) 12 SCC 180 the Hon’ble Apex Court held as under:-

“ It is trite law that cancellation of bail can be done in cases where the order granting bail suffers from serious infirmities resulting in miscarriage of justice. If the court granting bail ignores relevant material indicating prima facie involvement of the accused or takes into account irrelevant material, which has no relevance to the

question of grant of bail to the accused, the High Court or the Sessions Court would be justified in cancelling the bail”.

In the present case the grounds raised in the applications do not disclose any fact, on the basis of which, this Court can come to the conclusion that the order suffer from serious infirmities resulting in grave miscarriage of justice.

Perusal of impugned orders reveals that the trial court while granting the bail has considered the material available on record. Hence, impugned orders passed by the trial court cannot be termed as perverse & suffer from grave infirmities.

The application for cancellation of bail is dismissed accordingly.