Case Note & Summary
The petitioner, Dr. Rajaram Dhondiba Shendge, was an accused in R.C.C. No.22 of 2022 pending before the Judicial Magistrate First Class, Omerga. He had been granted bail subject to certain conditions, including conditions 6 to 9 which required him to attend the police station once a month on the first Monday, attend the trial court on every second and fourth Monday, not change his residential address without prior permission, and that no exemption would be granted until the trial was over. The petitioner filed an application (Exhibit-101) seeking relaxation of these conditions. The trial court rejected the application by order dated 7th August 2023, holding that it had no power to modify the conditions as such power was not expressly provided under Section 439 of the Code of Criminal Procedure, 1973. The petitioner challenged this order before the Bombay High Court. The High Court considered the submissions of the petitioner's counsel, who argued that the trial court had implied power under Section 439(1)(b) CrPC to relax conditions, and relied on the Supreme Court decision in Income Tax Officer, Cannanore v. M.K. Mohamad Kunhi, which established that an express grant of statutory power carries with it by necessary implication the authority to do all things necessary to effectuate that power. The High Court agreed, holding that the power to grant bail includes the power to modify or relax the conditions imposed. The court set aside the impugned order and remitted the matter back to the trial court to decide the application afresh, considering the doctrine of implied powers. The writ petition was allowed.
Headnote
A) Criminal Procedure - Bail Conditions - Relaxation of Conditions - Section 439(1)(b) CrPC - The petitioner sought relaxation of conditions 6 to 9 imposed at the time of bail, which required monthly police attendance, court attendance on specific days, restriction on change of residence, and no exemption. The trial court rejected the application holding it had no power to modify conditions as not expressly provided under Section 439 CrPC. The High Court held that the trial court has implied power under Section 439(1)(b) CrPC to relax or modify bail conditions, as the power to grant bail includes the power to alter its terms. The impugned order was set aside and the matter remitted back to the trial court to decide the application afresh. (Paras 1-5)
Issue of Consideration
Whether a trial court has the power to relax or modify conditions imposed at the time of granting bail, even if such power is not expressly provided under Section 439 of the Code of Criminal Procedure, 1973.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 7th August 2023, and remitted the matter back to the trial court to decide the application for relaxation of bail conditions afresh, considering the doctrine of implied powers.
Law Points
- Implied power
- Relaxation of bail conditions
- Section 439(1)(b) CrPC
- Doctrine of implied powers
- Modification of bail conditions
