Mumbai: The special court that refused to cancel the bail granted to independent MP Navneet Rana and her MLA husband Ravi Rana has said in its detailed order that mere breach of conditions is not enough to cancel bail.
It said such action was only necessary if the breach of bail conditions affects the merits of the case.
The court had passed the order in the Ranas’ favour on Aug 22. The detailed order was made available on Friday.
The duo had been arrested for threatening to chant Hanuman Chalisa in protest outside then chief minister Uddhav Thackeray’s residence.
The Khar police station had approached the court to cancel their bail after the couple made statements to the media after their release. The duo had denied making any statements on the case.
Special Judge RN Rokade, designated to deal with cases against the couple, said in the order that in such a plea (for bail cancellation) the court has to consider whether the violation amounts to an attempt to interfere with the administration of justice.
Secondly, the court said, it has to consider whether it affects the investigation and trial.
Judge Rokade stated that it is not the prosecution’s case that due to the media statements, the investigation was hampered.
The court said this was not a fit case to issue non-bailable warrants for the two for violating bail conditions. The court also noted that rejection of bail at the initial stage in such an offence and cancellation of bail so granted have to be dealt with on a different basis.
Judge Rokade said that very cogent and overwhelming circumstances are necessary for cancelling bail already granted. He also pointed out that the police had not registered any offence against the accused for violation of bail conditions.
