Srinagar, Sep 18 (KNS): The Jammu and Kashmir and Ladakh High Court has held that a Trial Court is empowered to hear a plea for cancellation of bail even if the accused was granted the relief by the High Court, saying the source of the bail order does not shield an accused from scrutiny of subsequent conduct.
Justice M. A. Chowdhary made the observation while disposing of a petition filed by a woman seeking cancellation of bail granted to an accused in a rape case, alleging violation of bail conditions and interference with prosecution evidence.
The court examined whether a Trial Court can examine a cancellation plea when the bail was granted by a superior court, and noted that the mere fact that the relief came from the High Court would not, by itself, bar the lower court from considering a subsequent application if fresh circumstances arise after the grant of bail.
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The petitioner alleged that the accused had breached the conditions imposed while granting bail and attempted to tamper with or interfere with prosecution evidence.
The court clarified that allegations concerning misuse of liberty granted through bail can be brought before the Trial Court, subject to the facts and circumstances of the case.
The petition was accordingly disposed of.
The ruling draws a distinction between the initial grant of bail and a later request for cancellation based on the accused's post-release conduct, leaving the competent court to decide whether the circumstances warrant cancellation in accordance with law. (KNS)
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