An application seeking cancellation of bail moved by the then Sub Divisional Police Officer (SDPO) R.S Pura on 09.09.2020 in case titled ‘State through Police Station Arnia Vs. Bhanu Partap Singh’ was dismissed by the court of Chief Judicial Magistrate, Jammu. The application was moved by the then SDPO R S Pura on the premise that accused in case FIR no. 32/2009 for offence under section 13 of ULA Act who was admitted to bail – was summoned in connection with investigation for 06.07.2020. He, however, allegedly did not turn up resulting in institution of application in cancellation of bail.
The main ground asserted in the application was that accused breached the condition imposed while he was admitted to bail by the court of Chief Judicial Magistrate, Jammu on 03.08.2009. While dismissing the application, the court observed, “Application of SDPO supra itself clearly delineates that substantial part of investigation was completed by his predecessor.
Further, barring one alleged act of non-cooperation by non-applicant as mentioned hereinabove, nothing more is alluded to non-applicant which could suggest breach of conditions imposed in his bail order,” adding, “In aforementioned backdrop and having regard to totality of the circumstances, no overwhelmingly supervening circumstance of mis-conduct attributable to non-applicant is brought on record which may warrant cancellation of bail granted to him.”
The court also noted that one casual reference of non-appearance by accused before Investigating Agency is too flimsy a ground to cancel bail. With these observations, court rejected the application.
