SRINAGAR, SEPTEMBER 18: The High Court of Jammu & Kashmir and Ladakh has held that a Trial Court is competent to consider an application seeking cancellation of bail, even when the accused was initially granted bail by the High Court.
The observation was made in a case involving allegations that the accused had violated the conditions imposed while granting bail and had attempted to interfere with or tamper with prosecution evidence.
Justice M. A. Chowdhary passed the observations while disposing of a petition filed by a woman seeking cancellation of bail granted to an accused facing allegations in a rape case.
The High Court considered the scope of the Trial Court’s jurisdiction in circumstances where subsequent conduct of an accused allegedly gives rise to grounds for cancellation of bail.
The Court noted that the fact that bail had been granted by a superior court would not, by itself, prevent the Trial Court from examining a subsequent application for cancellation if circumstances arise after the grant of bail.
The plea before the High Court sought cancellation of the bail granted to the accused, with allegations including violation of bail conditions and interference with the prosecution’s evidence.
The Court’s observations clarify that allegations concerning the misuse of liberty granted through bail can be brought before the Trial Court for consideration, subject to the facts and circumstances of the particular case.
The petition was accordingly disposed of by the High Court.
The ruling deals with the distinction between the initial grant of bail and a subsequent request for cancellation based on alleged conduct of the accused after release, leaving the competent court to examine whether the circumstances warrant cancellation in accordance with law.(KNC)
