MISS A. Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

(2.) Heard learned counsel for the appellant, learned counsel for the State and learned counsel for the informant. This is an appeal under Sec. 14-A(2) of S.C. & S.T. (PoA) Act, 1989 for setting aside the order dtd. 18/6/2021 passed by the learned Sessions Judge, Khurda in T.R. Case No.225 of 2021 granting bail to respondent no.2 Chandan Kumar Sahoo. When a query was made to the learned counsel for the appellant as to whether there is any material that after being released on bail, the appellant has misutilised the liberty in any manner, he answered in negative.

(3.) Law is well settled that the power of cancellation of bail should be exercised with care and circumspection as cancellation of bail jeopardises personal liberty of the person. Cancellation of bail should not be done in a routine manner. Where it appears to the Superior Court that the Court granting bail acted on irrelevant materials or there was non-application of mind or where the Court does not take note of any statutory bar to grant of bail, order of cancellation of bail can be made. Consideration applicable to grant of bail and cancellation of such an order are independent and do not overlap each other. While considering the application of cancellation of bail, the Court ordinarily looks for supervening circumstances which would reflect that the liberty granted to the accused has been misused. If the bail has been granted illegally or improperly by erroneous and arbitrary exercise of discretion, the same is liable to be cancelled even if there is absence of supervening circumstances.