Supreme Court Remits Bail Challenge to High Court for Fresh Consideration — Distinction Between Cancellation of Bail and Challenge to Arbitrary Exercise of Discretion Clarified. The Court held that the High Court erred in treating the appellant's application as one for cancellation of bail under Section 439(2) CrPC instead of a challenge to the arbitrary exercise of discretion in granting bail under Section 439 CrPC, and remitted the matter for fresh consideration....
The appellant, Bharatbhai Bhimabhai Bharwad, filed criminal appeals against orders of the Gujarat High Court that declined to interfere with the trial court's grant of bail to respondents No.2 and 3 (...
