After examining the facts of the case, the Court opined that it appeared that the police wanted to frustrate the bail order.
Once a discretion has been exercised for granting bail to a person, it should not be cancelled as that would affect the liberty of the accused since the bail granted is only after considering all the ingredients necessary to enlarge the person on bail, the Court observed.
“It is not the case that the applicant had not attended the Police Station on that day,” the Court said, while setting aside the bail cancellation order as “unjust, illegal and improper,” the Court stated.
The Court also cancelled the order by which the ₹1 lakh deposited by the accused was forfeited. It directed that the amount be released to the accused, who shall mark his presence before the trial court.
Source: Barandbench
