Brij Nandan Jaiswal vs Munna @ Munna Jaiswal & Anr on 19 December, 2008
13. Before
adverting to the facts, it will be apt to to refer to judgements
depended upon by both the sides. These applications are preferred
for cancellation of bail on merits which has been so permitted in
the judgement rendered in case of Brij Nandan Jaiswal Vs. Munna
Alias Munna Jaiwal and another (Supra) where the Supreme
Court has held that it is a settled law that the Complainant can
always question the order granting bail if the said order is not
validly passed. Court further held that if once bail is granted by
any Court, the only way is not to get it cancelled on account of its
misuse . Bail cancellation can be thought of otherwise than due to
the misconduct. Bail orders can be tested on merits as well. The
Supreme Court having found that bail was granted mechanically
without considering the pros and cons of the matter particularly in
serious cases like murder, some reasons justifying the grant of bail
are held to be necessary.