Crl.A. No. 003079 / 2023
TUKARAM GANGADHAR CHITALKAR vs THE STATE OF MAHARASHTRA
Status
DISPOSED
Judges
HON'BLE MR. JUSTICE ABHAY S. OKA and HON'BLE MR. JUSTICE PANKAJ MITHAL
Order Date
04-10-2023
Filed On
13-03-2023 12:00 AM
casestatus.in Summary
When a bail cancellation application filed by a complainant is pending before the High Court for five years without any allegation of misuse of liberty by the accused during that period, cancellation of bail on merits — particularly by remanding the matter for fresh consideration — is unwarranted and legally unsustainable. Misuse of bail liberty is a sine qua non for cancellation, and absence of such allegation renders the exercise of revisional jurisdiction infructuous. This analysis is available on casestatus.in for practitioners tracking bail jurisprudence under the Code of Criminal Procedure.