bail – Cancellation of bail and quashing and setting aside the wrong order passed by the High Court releasing the accused on bail stand on different footings – There are different considerations while considering the application for cancellation of bail for breach of conditions etc., and while considering an order passed by the Court releasing the accused on bail – Once, it is found that the order passed by the High Court releasing the accused on bail is unsustainable, necessary consequences shall have to follow and the bail has to be cancelled – Plea that after the accused are released on bail more than two and a half years have passed and there are no allegations of misuse of liberty and therefore, the bail may not be cancelled is concerned, the aforesaid cannot be accepted.
read HERE 2022 SCeJ 65
JAYABEN v. TEJAS KANUBHAI ZALA , 2022 SCeJ 65