Case Note & Summary
The appellant, Mendar Singh @ Vijay Singh, was accused of offences under Sections 302 and 34 of the Indian Penal Code, 1860, Section 27 of the Arms Act, and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, arising from an FIR lodged on 9th July 2016. His bail application was rejected by the Sessions Judge on 5th July 2022. He then appealed to the High Court under Section 14A(2) of the SC/ST Act. On 8th December 2022, a learned Single Judge of the High Court granted bail. Subsequently, the complainant filed an application for modification of the bail order, which was rejected on 15th February 2023. However, in that order, the High Court suo motu directed the Registrar General to conduct an inquiry into the matter. Based on the inquiry report, the High Court on 25th August 2023 recalled its earlier bail order and dismissed the appeal as withdrawn, citing suppression of criminal antecedents by the appellant. The appellant challenged this recall order before the Supreme Court. The Supreme Court observed that the High Court had initially granted bail after considering the material. There was no allegation from the investigating agency that the appellant had violated any bail conditions or misused his liberty. The Court held that in the absence of such supervening circumstances, it was not correct for the High Court to suo motu recall the bail order. Accordingly, the Supreme Court set aside the orders dated 15th February 2023 and 25th August 2023 and restored the bail order dated 8th December 2022.
Headnote
A) Criminal Law - Bail - Recall of Bail Order - Suppression of Material Facts - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2) - The High Court recalled its earlier bail order on the ground that the appellant had suppressed criminal antecedents. The Supreme Court held that since there was no allegation of violation of bail conditions or misuse of liberty, the suo motu recall was improper and restored the bail. (Paras 14-15) B) Criminal Procedure - Bail - Cancellation of Bail - Conditions for Cancellation - Code of Criminal Procedure, 1973, Section 439 - The Supreme Court reiterated that bail once granted should not be cancelled unless there is a supervening circumstance such as violation of bail conditions or misuse of liberty. Mere suppression of antecedents, without more, does not warrant recall of bail in the absence of any such allegation. (Paras 14-15)
Issue of Consideration
Whether the High Court was justified in recalling its earlier order granting bail to the appellant on the ground of suppression of criminal antecedents, in the absence of any allegation of violation of bail conditions or misuse of liberty.
Final Decision
The Supreme Court set aside the orders dated 15th February 2023 and 25th August 2023 and restored the order dated 8th December 2022 granting bail. The appeals were allowed.
Law Points
- Bail
- Recall of bail order
- Suppression of material facts
- Suo motu recall
- Conditions for cancellation of bail
