SC Takes Exception To Bail Being Cancelled By Different Single Judge Bench

Taking strong exception to the application seeking cancellation of bail being listed before a Single Judge other than the Judge who had granted bail to the appellants, the Supreme Court of India recently set aside the order of the High Court.

Bench comprising Justice BR Gavai and Justice Sandeep Mehta heard appeals passed by Single Judge of Madhya Pradesh High Court whereby the bail came to be cancelled under Section 439(2) of the CrPC.

The FIR against the accused persons was registered under Sections 419, 420, 467, 468, 470 and 471 of the Indian Penal Code, 1860 and Section 25/27 of the Arms Act.

The appellants were not apprehended at the time of registration of the FIR and were not named therein. They were implicated in the case solely on the basis of confessional statements made by the co accused persons. Chargesheet had been filed by the time the appellants were granted bail by the learned Single Judge vide order dated September 8, 2022 and September 14, 2022.

The applications for cancellation of bail were listed and heard by a single judge bench which was different from the bench which had granted bail to the accused persons.

The Apex Court said that bail granted to an accused could only be cancelled if the Court was satisfied that after being released on bail, (a) the accused had misused the liberty granted to him; (b) flouted the conditions of bail order; (c ) that the bail was granted in ignorance of statutory provisions restricting the powers of the Court to grant bail; (d) or that the bail was procured by misrepresentation or fraud.

The Court noted that in the instant case, none of these situations existed.

The Court observed that, "We fail to understand how the application seeking cancellation of bail came to be listed before a Single Judge other than the learned Single Judge who had granted bail to the appellants."

The appeals were allowed and the cancellation of bail was set aside.