In a case victim had sought cancellation of bail on the ground that accused was habitual offender and was indulging in criminal, civil and money recovery proceedings along with 11 cases pending against him. Along with the pending cases he was also accused of rape charges. It was noted that the accused had modus operandi of deceiving woman victims by indulging in sexual act by promising marriage and dishonestly indulging them to deliver money.
The counsel appearing on behalf of respondent was of view that because a number of cases are pending against the accused the same cannot be ground to come to conclusion and categorized him as habitual offender. It was noted by Justice H P Sandesh that “Absence of cogent material on record, the liberty of any person under Art 21 if the Constitution of India cannot be curtailed on the ground merely because number of cases being pending. The settled law that Section 439(2) Cr.P.C ha to invoked in exceptional cases when it causes miscarriage of justice. It was also stated just because other cases have been registered and if the bail is cancelled it would affect the personal liberty of person under Art 21.
After hearing the arguments of both sides the court came to the conclusion that “Merely registering of several cases against respondent is not ground to evoke S.439(2) the court has to look into the material available on record. Just because the prosecution has failed to bring out the said case which are pending against accused while considering the bail petition, the same cannot be ground for cancelling.