The petitioner filed a petition under Section 482 CrPC challenging the cancellation of her bail by the Additional Sessions Judge (ASJ) on 18.06.2018—The bail was initially granted on 02.06.2017 in connection with FIR No. 49/2016 under Sections 420/468/471/506/34 IPC, related to allegations of forgery in purchase bills—The cancellation was based on two supervening circumstances: (1) the registration of FIR No. 338/2017 for forgery in a domestic violence case, and (2) FIR No. 636/2017 for alleged false acid attack claims—The petitioner argued that these events occurred prior to the court’s interim protection order of 22.06.2018, which prohibited coercive actions against her—The Court observed no misuse of bail by the petitioner during the period of protection and emphasized the need for cogent reasons for bail ...

Jammu and Kashmir Public Safety Act, 1978—Section 13—Preventive Detention—Grounds of Detention—Vague and Cryptic Grounds—Bail Cancellation—The High Court quashed the detention order under the Jammu and Kashmir Public Safety Act (PSA), 1978, holding that preventive detention was improperly invoked in the absence of seeking cancellation of the petitioner’s bail granted under ordinary criminal law—The prosecution had the option to challenge the bail granted in an earlier FIR, but chose not to do so, despite the petitioner allegedly engaging in similar prejudicial activities post-release—The court emphasized that recourse to preventive detention should only be resorted to when ordinary law is insufficient to address the situation—Furthermore, the grounds of detention were found to be...

This application under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS) / 482 of the Code of Criminal Procedure seeks to quash the order dated 17.01.2025, wherein the Court rejected the bail granted to the applicant in Crime No. 206/2023—The applicant, initially granted bail on 03.10.2023, argued that the subsequent registration of two more offences against him was politically motivated, claiming that the FIRs were false and aimed at cancelling his bail—The applicant contended that his rights were violated by the SHO's actions, and the lower Court's order was mechanical—The objector and the State opposed the applicant's claims, asserting that the applicant had violated bail conditions by committing two additional offences post-release, thereby justifying the cancellation of his bail—After consid...

Penal Code, 1860 (IPC)—Sections 302—The petitioner is requesting the cancellation of bail granted to the accused in a murder case—The accused, who was a witness and son of the deceased, was alleged to have inflicted blows on the informant's and the petitioner's heads, causing injuries to the informant and her family members—The accused also claimed that the Sessions Judge failed to consider the status report and the evidence of the injured and other eyewitnesses—The court has dismissed the accused's previous bail petition, stating that the judge erred in granting bail—The police filed a status report stating that the informant had a dispute over land with Kunti Devi, who threatened to kill her—The police rescued the informant and Deshraj, who died from injuries—The case has been ...

Bail cancelled. (A) Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—S.21 , S.25 , S.27A , S.29 , S.85—Criminal Procedure Code, 1973 (CrPC)—S.439—Bhartiya Nagrik Suraksha Sanhita 2023 BNSS—S.483(3)—Cancellation of Bail—When ordered—In view of the aforesaid discussion,  the NIA was justified in seeking cancellation of bail granted to the petitioner herein by the High Court in respect of the offences alleged against him under the provisions of the NIA Act in the State of Punjab—This is because the said offences are now being investigated by the NIA and there is also transfer of the trial from the concerned Special Court in the State of Punjab to the Special Court in the State of Gujarat, to be tried along with Scheduled Offences under Sections 17 and 18 of the UAPA as ...

Cancellation of Bail. Criminal Procedure Code, 1973, Section 439(2)—Constitution of India, Article 136—SLP filed for Cancellation of Bail—Financial offence—Bail was granted by High Court, after imprisonment for 6 months—High Court vide the Impugned Order has released him on bail noting that the material on record is not sufficient to establish his complicity—It was submitted that a money trail has been unearthed between the respondent no.1 and the Society—Therefore, it was prayed that the privilege of bail granted to him by the High Court be cancelled—Discretion exercised by the High Court to grant bail to the respondent no.1 was not in tune with the principles that conventionally govern exercise of such power, a plurality of which stand enunciated—Moreover, though respondent no.1 h...

Bail continued. Criminal Procedure Code, 1973, 439(2)—Cancellation of Bail for not complying bail condition—Extra time given to comply bail conditions. Impugned order cancelling bail is set aside. (Para 2) Result:- Appeal allowed. ...

Quashing petition. Cancellation of Bail. Indian Penal Code, 1860, Sections 376, 420—Criminal Procedure Code, 1973, Section 482—Quashing petition—Petition by husband to quash trial for the offence of rape by promising marriage—On the ground that, after obtaining bail, marriage done—accused married her only for the purpose of getting bail—Subsequently, he has thrown out the complainant from the house and she was forced to approach the Magistrate for the shared house and seeking compensation—Therefore, the criminal proceedings initiated against the petitioner in Crime No.246/2021 cannot be quashed. (Para 16)                 Indian Penal Code, 1860, Sections 376, 420—Criminal Procedure Code, 1973, Section 439(2)—Cancellation of Bail petition...

Penal Code, 1860, Sections 302, 120-B, 201 r/w 34—Constitution of India, 1950, Article 21—Cancellation of Bail—Circumstantial evidence—Seeking regular bail in Crime No.135/2022, charged under Sections 302, 120-B, 201 r/w 34 of IPC, the Court considered the arguments presented—The petitioner, who is alleged to have assisted in the murder by holding the deceased's legs while another accused throttled the victim, argues his innocence, emphasizing that the case relies on circumstantial evidence and statements of the accused—The High Court Government Pleader opposed bail, citing the risk of absconding—The Court, after reviewing the case records and considering the principles of personal liberty under Article 21 of the Constitution, granted bail to the petitioner on executing a personal bond of Rs.1...

Law of Cancellation of Bail. Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3)—Prevention of Money Laundering Act, 2002, Sections 4 and 44(1)(b)—Issue involved in these appeals concerns the power of the High Court or Sessions Court to grant an interim order of stay of operation of an order granting bail till the disposal of the application for cancellation of bail—In an application made under Section 439(2) of the CrPC or Section 483(3) of the BNSS or other proceedings filed seeking cancellation of bail, the power to grant an interim stay of operation of order to bail can be exercised only in exceptional cases when a very strong prima facie case of the existence of the grounds for cancellation of bail is made out—While granting a stay of an order of grant of bail, the Court must record brief reasons for c...

Criminal procedure code, 1973, Section 439—Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37, Section 37(1)(b)(ii), Section 21(c)/29—Appeal to cancel Bail—Granted by High Court on the ground of HIV + ve— The subject FIR viz., FIR No. 06(02)23 under Section(s) 21(c)/29 of the NDPS Act, would reveal that the quantity of the contraband involved is 1.040 kgs of heroin—The impugned order granting bail to accused-Smt. X, dated 29.09.2023 would reveal, this time also, the bail was granted on the ground that she is suffering from HIV and conspicuously, without adverting to the mandate under Section 37(1)(b)(ii), NDPS Act, even after taking note of the fact that the rigour of Section 37, NDPS Act, calls for consideration in view of the involvement of commercial quantity of the contraband subst...

Penal Code, 1860 (IPC) — Sections 341, 323—Bail granted to petitioners accused under IPC and SC/ST Act — Alleged assault causing injuries — Bail confirmed despite seriousness of charges — Court emphasizes presumption of innocence, participation in investigation, and absence of flight risk — Balanced consideration of competing factors — Bail subject to Rs. 2,00,000 bond each with stringent conditions — Court cites humane approach, Article 21 rights, and precedent on bail principles — Investigating agency retains right to seek cancellation for non-compliance — Order not reflective of case merits, confined to bail petitions’ disposal. ...

(A) Cancellation of Bail—National Investigation Agency Act, 2008, Sections 6, 8—Unlawful Activities (Prevention) Act, 1967, Section 43(D)(5)—Application by the prosecution, to cancel bail of accused—In the instant case, from the chargesheet as also the other material/documents relied upon by the appellant that there are reasonable grounds for believing that the accusations against the respondents are prima facie true and that the mandate contained in the proviso to Section 43(D)(5) would be applicable for not releasing the respondents on bail—Having regard to the seriousness and gravity of the alleged offences, previous criminal history of the respondents as mentioned in the charge-sheet, the period of custody undergone by the respondents being hardly one and half years, the severity of punishment prescribed ...

Cancellation of Bail—Code of Criminal Procedure, 1973, Section 439—Indian Penal Code, Section 302—Application to Cancel Bail granted to Murder Accused—High Court has completely lost sight of the principles that conventionally govern a Courts discretion at the time of deciding whether bail ought to be granted or not—All the aforesaid factors when examined collectively, leave no manner of doubt that the respondents do not deserve the concession of bail—As a result, all the four impugned orders are quashed and set aside—Respondents are directed to surrender within two weeks from the date of passing of this order—It is, however, clarified that the observations made above are limited to examining the infirmities in the impugned orders and shall not be treated as an opinion on the merits of the ma...

(A) Cancelled Bail—Code of Criminal Procedure, 1973, Section 439—Appeal to cancell the Bail granted—High Court ought not to have granted Respondent No. 2; and Punit Pal bail in relation to the proceedings emanating from the FIR on account of—(i) the seriousness of the crime—(ii) the conduct of the accused person(s); and—(iii) the overall impact of the crime on society at large i.e., the accused person(s) were involved in a broad daylight murder which led to the closure of a market for a prolonged period of 10 (ten) days due to their overwhelming influence in the area—Bail cancelled. (Para 19) (B) Indian Penal Code, Sections 302 and 34—Day light murder, example—Death took place after 40 days of attack. (Paras 4, 19) Result : Appeal allowed. ...

Cancellation of Bail—Code of Criminal Procedure, 1973, Section 389—Appeal to impugn Suspending of Sentence and granting bail—Appeals by the victim of an acid attack—The impugned order passed by the High Court is perused—Specifically the order dated 21.02.2024 passed in the Correction Application—The order does not suggest that there was any consideration of the parameters laid down by this court for grant of bail or suspension of sentence—Instead, the High Court had noticed and directed that the convicts have offered to pay compensation to the victim for grant of suspension of sentence, which when she refused to accept, was directed to be deposited in the court—It was in a way kind of “Blood Money” offered by the convicts to the victim for which there is no acceptability in our c...

Criminal Procedure code, Section 439—Bail Application by Accused in dowry death offence—Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, fit case for granting bail—Let the applicant, Navjot Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions—Further, before issuing the release order, the sureties be verified. (Paras 8, 9) Result:- Bail Application allowed. ...

Arms Act, 1959, S.25, S.27Penal Code, 1960 - Sections 419, 420, 467, 468, 470 and 471—Criminal Procedure Code, 1973—Section 439(2)—Forgery and possession of illegal arms—The appellants faced accusations related to forgery and possession of illegal arms, leading to their bail granted by a Single Judge of the High Court of Madhya Pradesh—Subsequently, the State sought to revoke their bail under Section 439(2) of CrPC—Another Single Judge of the same High Court annulled their bail, citing the gravity of their involvement, implications for national security, and cybercrime—This decision rested on confessions from co-accused and the potential for further investigation—The appellants contested this cancellation in the Supreme Court, which deemed the High Court's order grossly illegal and displ...

(A) Unlawful Activities (Prevention) Act, 1967—Section 43-D(5) Sections 17, 18 and 19—Criminal Procedure Code, 1973, Section 439—Bail application—Bail denied—Terrorist activities—Accused linked to banned terrorist group "Sikhs For Justice," accused of receiving funds via illegal channels for promoting separatist ideology and conducting terrorist activities—Co-accused's disclosure implicates the appellant. Proviso to Sub-section (5) of Section 43D restricts Special Court's bail powers— Conventional bail jurisprudence doesn't apply to bail under UAP Act; bail is exceptional—Courts must scrutinize case diaries and final reports to justify bail rejections—Bail should be refused as a general rule if accusations seem prima facie true—Bail jurisprudence under...

(A) Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 21, 25, 27-A, 29, 85—Arms Act, 1959—Sections 30, 53, 59—Cancellation of Bail—Allegations of Involvement in Smuggling Heroin and Conspiracy—Flight Risk and Danger to Society—New Evidence—Thorough Investigation—National Investigation Agency (NIA)—Bail Granted on 05.07.2021 (Annexure P-3)—Petition Allowed. (B) Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 21, 25, 27-A, 29, 85—Arms Act, 1959—Sections 30, 53, 59 —The National Investigation Agency (NIA) seeks the cancellation of bail granted to the accused, asserting fresh evidence of his complicity in heroin smuggling and association with a broader conspiracy—The NIA contends that the accused poses a flight risk and a th...

Narcotic Drug and Psychotropic Substances Act, 1985 NDPS, Section 52A—Non-Compliance With S.52A Does Not Automatically Entitle Accused To Bail, Stringent Conditions For Bail U/S 37 Still Apply—Seizure of a significant amount of contraband cough syrup—The central issue alleged breach of Section 52A, which outlines the procedure for sampling and certifying seized substances—The prosecution argued that spot samples were taken and sent for chemical analysis, thus not violating Section 52A—Given the various interpretations of the NDPS Act's provisions on sample collection, and the absence of specific provisions for spot samples, the court did not find non-compliance with Section 52A—Despite this, bail was granted primarily due to the extended period of the applicant's incarceration—The court st...

(A) Criminal Procedure Code, 1973—Section 311—Constitution of India, 1950, Article 142—Grant of bail—Cancellation of— Murder of wife—Husband (Respondent No—1) was granted bail after being accused of being involved in his wife's murder—The deceased had previously filed multiple complaints against him and his family, alleging harassment, threats, and attempts to kill her—After the murder, Respondent No—1 was released on bail—However, the key witnesses, including the deceased's family members, turned hostile, retracting their earlier statements—The Supreme Court found a prima facie proximity between the grant of bail and potential witness influence—It canceled the bail and directed the recall of crucial witnesses to ensure a fair trial. (B) Criminal Proc...

Narcotic Drug and Psychotropic Substances Act, 1985 NDPS, Section 20(b)(ii)C, 37—Petitioner, the 2nd accused in a drug trafficking case, sought bail, claiming innocence and citing a lengthy detention period—Court denied bail, citing the conscious possession of a significant amount of contraband in a vehicle owned by the petitioner and referencing Supreme Court judgments—Court held that both conditions under Section 37 of the NDPS Act must be met for bail, and as such, the bail application was dismissed. ...

(A) Criminal Procedure Code, 1973—Section 439—Bail—Grant of bail is a discretionary relief, depending on the specific circumstances of each case—There are no fixed parameters for considering bail applications—Court considers factors such as the nature of the accusations, severity of potential punishment, risk of witness tampering, and the genuineness of the prosecution. If there are doubts about the genuineness of the prosecution, the accused is typically entitled to bail. (Para 12) (B) Criminal Procedure Code, 1973 – Sections 437(5) and 439(2) —Cancellation of bail—Cancellation of bail should be approached differently from the process of granting bail—It requires compelling and overwhelming circumstances, and bail, once granted, cannot be canceled in a mechanical manner—Court...

Penal Code, 1860 (IPC)—Sections 420—Criminal Procedure Code, 1973 (CrPC) Information Technology Act, 2018, Sections 43(a), (f), (g), (i), 66C and 66D—Denied Anticipatory bail in a case involving alleged offenses under IPC and the Information Technology Act—Prosecution claimed the applicant received payments as indicated in a diary and through WhatsApp chats—Court found prima facie evidence supporting the prosecution's case and emphasized the need for custodial interrogation—Court also clarified the concept of cooperation with the investigation—Consequently—Anticipatory bail application was denied. ...

Penal Code, 1860—Sections—498/306—Code of Criminal Procedure, 1973,—Section 439—Reject bail—Dowry demand—Extra-marital affair—Deceased’s suicide was allegedly linked to the applicant’s Extramarital affair—Despite the defense’s denial of involvement and lack of Dowry demand The court found specific allegation of mental and physical torture and Reject bail due to the serious nature of the case—Emotional impact of discovering infidelity shortly after marriage was noted, and the bail applicant was dismissed. ...

Indian Penal Code, 1860—Sections 409, 420, 120B—Bail cancellation—Revisionist was arrested—Revisionist challenged the cancellation of their bail in a criminal case where they were accused of various offenses—The court found that the revisionist had concealed crucial information about their bail rejection in other courts and engaged in fraudulent conduct—The court upheld the bail cancellation and referred the matter to the Bar Council to investigate the role of the advocate representing the revisionist—The revisionist was given a deadline to surrender, with the threat of coercive measures if they failed to do so. ...

Cancellation of bail—Indian Penal Code, 1860—Section 302 read with Section 34—Murder—Conviction and sentence—Affirmed by High Court—Appeal against—Determination of—Incident had occurred in heat of moment and fight was also sudden—Appellants inflicted as many as nine blows with a dangerous weapon on deceased—Who was unarmed and was helpless—For cases to fall within Clause (3) of Section 300 of IPC—It is not necessary that offender intended to cause death, so long as death ensues from intentional bodily injury or injuries sufficient to cause death in ordinary course of nature—No case is made out by appellants to interfere with impugned judgment and order of High Court—Appellants are on bail—His bail cancelled—Appeal dismissed. (Paras 61 to 64) ...

Cancellation of bail—Indian Penal Code, 1860—Sections 147, 148, 149, 324, 427, 441 and 323, 506, 447, 307, 302 and 34—Offence under—FIR—Bail Application—Allowed by High Court—Released the applicant-accused on bail—Against this order informant/complainant preferred present appeals—Determination of—Land dispute between father of accused and complainant side—Accused persons named in FIR attacked them and said incident brother of informant died and other persons were seriously injured—High Court ought to have given cogent reasons—While releasing accused on bail—All three accused were part of unlawful assembly—Impugned order quashed and set aside—Now accused 'N', 'K' and 'H' to surrender before concerned jail authorities fort...

Cancellation of bail—Code of Criminal Procedure, 1973—Sections 167 (2) and 439 (2) —Indian Penal Code, 1860—Section 302 read with Section 120-B—Case registered under—Deceased was former M.L.A. —State Police Agency arrested the respondent/accused No. 1—He was remanded to judicial custody—Statutory period 90 days lapsed—Application for default bail filed—Allowed—Appellant filed petition to cancel the bail—High Court dismissed the petition—Appeal against—Determination of—On the basis of charger-sheet, a strong case is made out that accused has committed non-bailable crime and he deserves to be in custody—High Court has not at all considered on merits application for cancellation of bail—Matter is to be remitted to High Court—For ...

Cancellation of bail—Code of Criminal Procedure, 1973—Section 439 (2)—Bail application—Filed by appellant—Granted by First Additional Sessions Judge—Bail cancelled by High Court—Appeal against—Determination of—Offences under Sections 304-498-A read with Section 34 and Section 3/4 of D.P. Act—Physical and mental torture—Dowry demand—Deceased committed suicide—Fact that appellant is a lady in 55 years of age cannot be ignored, particularly when examining question of grant of regular bail—In the matter of present nature, over expansion of issue was not required only for one reason that a particular factor was not stated by trial Court in its order granting bail—Impugned order passed by High Court set aside—Order passed by First Additional Sessions...

Penal Code, 1860 (IPC)—Sections 302 and 120B—Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail Revocation—The High Court failed to duly consider the severity and gravity of the charges against the respondent - Additionally, it overlooked the issuance of a non-bailable warrant against the accused, leading to his arrest in 2021—The order granting bail to the respondent is hereby annulled and invalidated - The appeal is upheld. ...

A. Criminal Law—Revocation of bail—The basis for granting bail to the present respondent is identical to the grounds on which bail was granted to the co-accused—As the bail of the co-accused has already been revoked by this Court, it follows that the bail granted to the present respondent also warrants cancellation. Thus, the bail is hereby revoked. B. Penal Code, 1860 (IPC)—Sections 120(B), 302, 201 read with Section 34—Arms Act, 1959 - Section 27(3)—Homicide— Revocation of bail—The gravity of the offence is a legitimate consideration in deciding whether to grant or deny bail—Regrettably, the High Court failed to adequately assess the seriousness of the charges in this case. Notably, there exist two eyewitnesses who have identified the respondent-accused. Taking these factors into ...

A.Criminal Procedure Code, 1973 (CrPC) - Section 439(1) - Penal Code, 1860 - Sections 376(2)(n) and 506 - Rape - Bail cancellation - Accused is a student leader - Banners displaying the statement "Bhaiya is Back" appeared after the accused was released on bail - Even if these posters weren't contemporaneous with the accused's release, the captions attached to his photos on social media underscore his elevated status and influence, which could intimidate the complainant - Emojis of crowns and hearts accompanying these captions lacked any religious significance - The accused's audacious behavior has genuinely instilled fear in the complainant about the possibility of an unfair trial and potential witness tampering if he remains out on bail - The bail order should be revoked, not only for the reasons mentioned but also ...

Penal Code, 1860 (IPC) - Sections 147, 148, 149, 341, 323, 324, 427, 504, 506, 307 and 302 - Criminal Procedure Code, 1973 (CrPC) - Section 439 - Arms Act, 1959 - Section 27 - Murder - Cancellation of bail - Applying the law laid down by this Court in the aforesaid decisions to the facts of the case on hand and more particularly considering the fact that respondent No.2 is a history sheeter and is having a criminal antecedent and is involved in the double murder of having killed the father and brother of the informant and the trial of these cases is at the crucial stage of recording evidence and there are allegations of pressurizing the informant and the witnesses, the impugned judgment and order passed by the High Court releasing the respondent No.2 on bail is absolutely unsustainable and the same cannot stand. The High Court h...

Penal Code, 1860 (IPC) - Sections 147, 148, 149, 323, 504, 506, 302, 307 and 34 - Criminal Procedure Code, 1973 (CrPC) - Section 439 -  Murder - Cancellation of bail -  Common intention - Even otherwise the High Court has not at all appreciated the fact that all the accused were charged for the offences punishable under Sections 147, 148 and 149 also along with Section 302 of the IPC and as noted by the learned Sessions Court vide order dated 19.11.2019 that all the accused persons with a common intention attacked the deceased - Sumit Jaiswal by deadly weapons like sword, hockey, stick and rod. The High Court has noted the submissions made on behalf of the accused that role attributed to respective respondents No.2 that using the wicket as weapon it is difficult to decipher at that stage that the accused have caused fa...

The accused in this case faced charges under various sections of the Indian Penal Code (IPC) and the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), including extortion. Initially, the High Court had granted interim bail to the accused, which included relief from the MCOCA charges. This decision was unusual as the Special Judge had previously denied bail.-The accused's journey to obtain this bail was questionable. After the learned Single Judge of the High Court refused bail, the accused withdrew the application and then filed a writ petition before a Division Bench of the High Court challenging the validity of MCOCA. Subsequently, the Division Bench granted interim bail to the accused, which the accused had been unable to secure before the Single Judge.-This sequence of events suggests forum shopping on the part of the accu...

Criminal Procedure Code, 1973 (CrPC) - Section 439(2)- Penal Code, 1860 (IPC) - Section 120-B, Section 420, Section 423, Section 467, Section 468, Section 471 -Having heard learned counsel for the parties and taking into consideration the affidavit of compliance filed by the appellant herein, we think it appropriate to set aside the impugned order passed by the High Court whereby the High Court cancelled the bail granted to the appellant herein. The same is accordingly set aside. The interim protection granted to the appellant vide order dated 16.07.2020 is made absolute. ...

 Penal Code, 1860 (IPC) - Section 302 - Cancellation of bail - Murder - Criminal antecedents - Using political clout to prevent a fair investigation of FIR - Failure of police to properly investigate the FIR - A warrant of arrest was issued -Functioning of the judiciary as an independent institution is rooted in the concept of separation of powers. Individual judges must be able to adjudicate disputes in accordance with the law, unhindered by any other factors. Thus, "for that reason independence of judiciary is the independence of each and every judge". The independence of individual judges also encompasses that they are independent of their judicial superiors and colleagues. ...

Penal Code, 1860 (IPC) - Sections 147, 148, 341, 323, 307, 427, 302 read with 149 - Criminal Procedure Code, 1973 (CrPC) - Section 439 - Murder - Cancellation of Bail - High court grants bail in second bail application without discussion or analysis of circumstances -Where an earlier application for bail has been rejected, there is a higher burden on the appellate court to furnish specific reasons as to why the bail should be granted - Bail canceled - Appeal allowed. ...

Penal Code, 1860 (IPC)—Section 304B—Criminal Procedure Code, 1973 (CrPC)—Section 439(2)—Cancellation of Bail—Dowry-related Cruelty and Death—Prima Facie Evidence Overlooked—In a case involving allegations under Sections 498-A, 304-B read with Section 34 IPC, and Sections 3 and 4 of the Dowry Prohibition Act, the trial court prematurely granted bail to the accused, despite ongoing investigations and voice messages from the deceased implicating them—The trial court's failure to fully consider the gravity of the offense and the prima facie evidence, including dowry harassment and the tragic death by burns, was deemed perverse and capricious—The High Court allowed the petition under Section 439(2) CrPC, canceled the bail orders, and directed the accused to surrender, emphasizing the ne...

Criminal Procedure Code, 1973 (CrPC) - Section 167 - Penal Code, 1860 (IPC) - Sections 406, 409, 420, 467, 468, 471, 477-A, 201 and 120-B -Filing of charge sheet by itself cannot be a ground for cancellation of bail - Bail granted under Section 167 Cr.P.C. can be cancelled on other grounds available in law to the prosecution. ...

Criminal Procedure Code, 1973 (CrPC)—Bail—Cancellation of Bail—Conditions for Granting Bail—The High Court dismissed a petition challenging the order of the II Additional District and Sessions Judge, Belagavi, granting bail to accused persons in a criminal case—The petitioner contended that the bail was granted without considering material evidence, including the severity of the injuries sustained by the victim—Citing Myakala Dharmarajam v. State of Telangana and other precedents, the Court observed that bail cancellation requires "cogent and overwhelming" reasons, such as misuse of bail or a patently erroneous decision by the lower court—In this case, the Sessions Judge's decision was not found to be perverse, given that the bail was granted based on medical records and absence of g...

Code of Criminal Procedure, 1973, Sections 439(2) and 482 CRPC Sections 420 and 120B IPC Cancellation of bail Accused/respondent alleged to have played a major role to fix India-South Africa Cricket Test Series to be played in months of February to March, 2000 whereunder five One Day matches and three Test matches were to be played at various places in India Held, no occasion for a disclosure through action or words, that respondent/accused has/intends to thwart process of justice or prevent fair trial Liberty being precious to human life, bail once granted ought not to be lightly cancelled Thus, absence of existence of supervening circumstances or other circumstances must be strictly ascertained by court before it cancels bail already granted Application for cancellation of bail rejected. [Para 41]...

Unlawful Activities (Prevention) Act, 1967—Sections 13, 16, 17, 18, 20, 38, 39, 40, 43D, 43D(5) and 44—Penal Code, 1860 (IPC) - Sections 120B, 121 and 121A—National Investigation Agency Act, 2008—Sections 17, 21(1) read with Section 21(4)— Criminal Procedure Code, 1973 (CrPC)—Sections 161, 164 and 173 - Evidence Act, 1872—Section 34—Cancellation of bail—Unlawful acts and terror funding—The respondent (Accused No. 10) faced allegations of unlawful acts, terror funding, and conspiracy in connection with attacks on security forces and Government establishments. The High Court, however, improperly examined the merits and admissibility of evidence at the bail stage. It should have considered the totality of the material and evidence without delving into individual pieces of evidence. ...

Protection of Children From Sexual Offences Act, 2012—Penal Code, 1860 (IPC)—Criminal Procedure Code, 1973 (CrPC)—Leave has been granted in this appeal filed by the complainant, seeking the cancellation of bail granted to the accused (respondent no. 2) by the High Court of Patna. The accused faced charges including rape. The prosecution argued that the High Court had granted bail inappropriately, while the defense claimed manipulation in the FIR and medical report. The Court, after reviewing the evidence and considering the gravity of the charges, revoked the High Court's bail order, directing the accused to surrender within ten days. After surrender, the accused could seek bail from the Trial Court, which was urged to expedite the case. The appeal was allowed. ...

Specific performance case—They pointed out a pending suit by coparceners for the cancellation of bail deeds executed by Hari Singh, alleging he was not of sound mind—The court directed the expeditious trial of the coparceners' suit, excluding the mental state issue, focusing on the property's ancestral nature, coparceners' status, the sale's benefit to the joint Hindu family, and Hari Singh's authority as the family's Karta—The outcome of another related appeal would depend on the coparceners' suit's decree. ...

Arms Act, 1878—Section 25(1)(B), Section 27—Evidence Act, 1872—Section 27—Explosive Substances Act, 1908—Section 3, Section 4—Penal Code, 1860 (IPC)—Section 120-B, Section 302, Section 307—Murder—Cancellation of bail—State of Orissa appealed against a High Court decision granting bail to the respondent, Mahimananda Mishra, in a murder case—The case involved the murder of Mahendra Swain, allegedly due to business rivalry between the deceased and the respondent—The State argued that the respondent was the mastermind behind the conspiracy and that he had attempted to evade arrest by fleeing to Thailand—The Supreme Court set aside the High Court's bail order, considering the respondent's criminal antecedents, influence, and potential to intimidate witnesses&...

Criminal Procedure Code, 1973—Section 439(2)—Cancellation of bail—Charge of repeated sexual exploitation by making false promises of marriage—There was intimate contact between complainant and accused over a period of nearly six months—There was consensual relationship between complainant and accused—Bail once granted should not be cancelled unless a cogent case, based on a supervening event has been made out—It is absent in present case—Order of High Court allowing application for bail cannot be faulted—However, quantum of personal bond fixed by High Court enhanced to ` 10 Lakhs. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Case involves a violent incident at a club, resulting in injuries and death—Trial court had granted bail to some of the accused based on various grounds, including the interpretation of CCTV footage— However, the High Court canceled these bail orders, stating that the accused should not be released due to the gravity of the charges and the need to protect witnesses and ensure a fair trial—Supreme Court upheld the High Court's decision, considering the seriousness of the charges and the potential impact on the trial's fairness—Accused were ordered to surrender within a week. ...

  Constitution of India, 1950—Article 134—Criminal Procedure Code, 1973 (CrPC)—Section 439(2)—Penal Code, 1860 (IPC)—Section 420, Section 468, Section 471—Cancellation of bail—The appellant faced a complaint by a company for alleged forgery and fraud—The High Court had canceled her bail, but upon review, the Court found the Trial Court's decision factually accurate. The Trial Court had considered all relevant aspects, and the appellant was entitled to bail under Section 437 of the Criminal Procedure Code—Therefore, the High Court's order was set aside, and the original bail order granted by the Trial Court was reinstated. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439(2)—Penal Code, 1860 (IPC)—Section 376, Section 439—Bail—Cancellation of—Parameters—Kidnapping and raping a minor girl, has been set aside—The Supreme Court found that the High Court did not adequately consider the provisions of Section 29 of the Protection of Children from Sexual Offences (POCSO) Act, which should have been taken into account—The Supreme Court emphasized that in cases where there is a possibility that releasing the accused on bail could hinder a fair trial, the interest of ensuring a fair trial for the benefit of society should outweigh the personal interest of the accused in obtaining bail—Therefore, the High Court's bail order was set aside. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Cancellation of Bail—Trial Court, but it was later canceled, and the High Court directed the appellant to surrender within one week, failing which a warrant of arrest would be issued against him—The Supreme Court found that there was no valid reason for interfering with the Trial Court's order, which had been passed based on the material available on record, particularly because there was no prima facie connection between the appellant and the alleged offense—The State had also accepted this fact—Therefore, the appeal was allowed. ...

Arms Act, 1959—Section 25(14), Section 27, Section 35—Penal Code, 1860 (IPC)—Section 120-B, Section 302, Section 34—Criminal Procedure Code, 1973 (CrPC)—Section 437, Section 439(2)—Cancellation of Bail—Conspiring to eliminate a witness in a previous case against him—Although the respondent-accused had been granted bail by other courts in different cases, the court emphasized that each bail application must be considered on its own merits—The court's discretion should be exercised judiciously and not as a matter of routine—Considering the allegations against the respondent-accused, the overall factual situation, and the current stage of the case, the High Court was deemed unjustified in granting bail based on the reasons provided—Consequently, the bail granted to the res...

Criminal Procedure Code, 1973 (CrPC)—Section 439(2)—Customs Act, 1962—Section 132, Section 135—Cancellation of the bail—Cancel the bail granted to the appellant by filing a petition under Section 439(2) of the Code of Criminal Procedure, 1973—It's noted that the appellant had not violated any of the bail conditions—Therefore, the court found that allowing the application for cancellation of bail after one year and three months might not be appropriate—However, the court also observed that, aside from the technical legal arguments presented by both parties, it would be reasonable to grant bail to the appellant at this stage—As a result, the appeal has been disposed of, likely meaning that the appellant has been granted bail. ...

Constitution of India, 1950—Article 14—Cancellation of Bail—Amount for a property, which was considered to be lower than its true market value—The High Court had disposed of the Writ Petition by directing the Corporation to comply with a Government Order but had ignored the communication issued by the Corporation—The property in question, offered by the Corporation for sale through auction, was public property held by the Corporation as a trustee—The Corporation was duty-bound to protect its interests by ensuring that the property was sold at the highest possible price it could fetch in the open market—The fact that the Corporation had set the reserve price at Rs. 15.47 crores based on circle rates was not a true measure of the property's actual market value—The fixation of the reserve p...

Criminal Procedure Code, 1973—Section 439(2)—Cancellation of bail—Court emphasized the importance of exercising discretion judiciously when granting bail, taking into consideration factors such as the nature of the accusation, severity of potential punishment, and the supporting evidence. While granting bail is within the court's discretion, it should not be granted as a matter of course. The respondent, a history-sheeter involved in serious offenses, posed a threat to society despite the crimes being directed at individuals. The court ruled that individual liberty must be balanced with the need to protect society and set aside the order granting bail. ...

Arms Act, 1959—Section 25, Section 27—Criminal Procedure Code, 1973 (CrPC)—Section 161—Case involves the cancellation of bail granted to the respondent who faced a murder charge. The incident had caused public panic in the area. The respondent was an influential figure, being a former Member of the Legislative Assembly (MLA) at the time of the incident. Due to the respondent's influential status and his antecedents, there was a reasonable and strong apprehension that he could tamper with witnesses or pose threats. Given the severity of the attack and the circumstances, the court set aside the order granting bail to the respondent. ...

Penal Code, 1860 (IPC)—Section 323, Section 34, Section 379, Section 498A—Criminal Procedure Code, 1973 (CrPC)—Section 437, Section 439—Supreme Court allowed an appeal challenging the cancellation of bail granted to the appellant (husband) in a case involving charges under Section 498A, 379, and 323/34 of the Indian Penal Code—The appellant had been initially arrested and granted provisional bail by the Addl—Sessions Judge for reconciliation purposes—The High Court, on the wife's application, cancelled the bail, citing the appellant's refusal to accept the wife during a reconciliation attempt as grounds for false submissions—The Supreme Court found that none of the grounds for bail cancellation were established and allowed the appeal, setting aside the High Court's order and rest...

Criminal Procedure Code, 1973 (CrPC)—Section 173(8),—Dowry Prohibition Act, 1961—Section 4—Penal Code, 1860 (IPC)—Section 302, Section 304B, Section 498A—Appellant challenged the Orissa High Court's bail orders for respondents Bimal Kumar Khetan and Sunil Kumar Khetan, asserting that the bail was granted without proper reasoning—The respondents were implicated in a case involving the death of the appellant's daughter within five months of marriage—Despite previous rejections of bail petitions by lower courts, the High Court granted bail to the respondents without indicating specific reasons—The Supreme Court emphasized that even in bail orders, courts must demonstrate prima facie satisfaction of the case's merits and consider factors such as the severity of the accusation, ...

Criminal Procedure Code, 1973 (CrPC)—Section 436, Section 437,—Cancellation of bail—Appellant challenges the order of a learned Single judge of the High Court of Kerala, affirming the cancellation of bail granted by the Sessions Court—The appellant, facing charges under Sections 120B and 307 IPC, had bail conditions, including reporting to the Investigating Officer—The Sessions Court empowered the Magistrate to address violations—The appellant failed to comply, citing police assault fears—The Magistrate, unconvinced, cancelled bail—The appellant's contention that only the Sessions Court could cancel its own bail was dismissed—The Supreme Court held that the Sessions Court's direction empowering the Magistrate was valid—Rejecting the appellant's reasons for non-complia...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Penal Code, 1860 (IPC)—Section 147, Section 148, Section 149,—Cancellation of bail—Allahabad High Court in a case involving the accused's alleged involvement in an attack leading to the death of the appellant's husband—The incident occurred due to animosity between the accused and the deceased—The trial court had rejected the bail application based on witness statements clearly implicating the accused—However, the High Court granted bail without providing reasons—The Supreme Court emphasized the necessity for courts to indicate reasons for bail orders, especially in serious offense cases—Citing precedent, the Court set aside the High Court's order, canceling the bail granted to Respondent No. 1, who is directed to surre...

Penal Code, 1860 (IPC)-Section 498-A, 405, 419, 420, 467, 469, 471—Criminal Procedure Code, 1973 (CrPC)—Section 439(2)—Faced charges under various sections of the IPC and was granted bail by a trial court considering his health issues—The complainant moved the High Court seeking cancellation of bail, alleging threats from the appellant—The High Court, in its order, delved into the merits of the case prematurely, expressing findings that could prejudice the trial—The Supreme Court held that the High Court erred in canceling bail based on unproven allegations of intimidation—Emphasizing the premature factual findings, the Court set aside the High Court's order, reinstating the trial court's bail conditions and cautioning against the influence of the observations in the trial—The appeal...

Criminal Procedure Code, 1973 (CrPC)—Section 439—In a case involving the cancellation of bail under Section 439 of the Criminal Procedure Code, the accused is entitled to a hearing before such cancellation—In this particular matter, a report from a Process Server indicated that the accused had refused to accept the notice—However, the Supreme Court found that this report alone is not sufficient proof of notice—As the accused was present in the Supreme Court, the court directed the accused to appear before the High Court for reconsideration of the matter—The decision underscores the necessity for affording the accused an opportunity of hearing and ensuring proper proof of notice before canceling bail. ...

Constitution of India, 1950 - Article 21, Article 225—Powers, conferred by law, include the authority to cancel bail even in the absence of an express statutory provision for such action under Section 496 of the Code of Criminal Procedure— This power is exercised to uphold justice and prevent abuse of process, such as when an accused is found intimidating witnesses or attempting to abscond— Although the Code does not explicitly provide for bail cancellation, the High Court can invoke its inherent powers to arrest and commit the accused to custody if necessary for the ends of justice— These powers, rooted in the Court's superior jurisdiction and preserved by Section 561A, are sanctioned by law within the meaning of Article 21 of the Constitution. ...