In a criminal appeal filed before the Supreme Court to challenge a final judgment and order dated 21-11-2025 by the Rajasthan High Court cancelling the bail of the appellants, a Bench comprised of Justice M.M. Sundresh and Justice Augustine George Masih set aside the impugned order and directed the Trial Court to ensure execution of bail bonds by the appellants so that their cooperation is guaranteed.
The appellants were accused of committing offences punishable under Sections 323, 341, 324, 325, and 504 read with Section 34 of the Indian Penal Code, 1860 (IPC). On 30-08-2023, the Investigating Officer (IO) granted bail to the appellants, as all offences were bailable. Thereafter, the offence under Section 308 of the IPC was added by the IO based on the injury suffered by one of the injured persons.
Subsequently, the State filed an application under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC), before the Trial Court seeking cancellation of the bail granted to the appellants, which was allowed. This was confirmed by the High Court in the impugned order.
The Court stated that the question for consideration was whether the appellant’s custodial interrogation was required. It was noted that the incident was of 2022 and that it was a case where a First Information Report (FIR) had been registered by the appellant’s side as well. Hence, the Court stated that custodial interrogation of the appellant was not required.
Thus, the Court directed the Trial Court to ensure that the appellants execute bail bonds to guarantee their cooperation with further proceedings and set aside the impugned order, as well as those of the Trial Court.
Appearances:
For Petitioners – Mr. Dhananjai Shekhawat, Ms. Shilpa Singh (AOR), Mr. Archit Jain
For Respondents – Ms. Sansriti Pathak (AAG), Ms. Shagufa Khan, Ms. Nidhi Jaswal (AOR), Mr. Namit Saxena (AOR)
