Case Note & Summary
The petitioner, Dr. Rajaram Dhondiba Shendge, a doctor by profession, was granted bail in R.C.C. No.22 of 2022 pending before the Judicial Magistrate First Class, Omerga, subject to certain conditions. Conditions 6 to 9 required him to attend the police station once a month, attend the trial court on specific Mondays, not change residence without permission, and denied any exemption from attendance. The petitioner filed an application (Exhibit-101) seeking relaxation of these conditions, which was rejected by the Trial Court on 7th August 2023 on the ground that it had no power to modify conditions imposed under Section 439 CrPC. Aggrieved, the petitioner filed the present criminal writ petition before the Bombay High Court, Aurangabad Bench. The High Court considered the submissions of the petitioner's counsel, who argued that the Trial Court erred in holding it lacked power, and that Section 439(1)(b) CrPC confers implied power to modify conditions. The court relied on the Supreme Court's 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 make the grant effective. The High Court held that the power to grant bail includes the power to modify or relax conditions, and the Trial Court's view was erroneous. The impugned order was set aside, and the matter was remitted back to the Trial Court to decide the application afresh on its own merits, in accordance with law. The writ petition was allowed.
Headnote
A) Criminal Procedure - Bail Conditions - Modification - Implied Power - Section 439(1)(b) Code of Criminal Procedure, 1973 - The petitioner, a doctor, sought relaxation of bail conditions requiring monthly police attendance and court appearances. The Trial Court rejected the application holding it had no power to modify conditions. The High Court held that the power to grant bail under Section 439 CrPC includes the implied power to modify or relax conditions, relying on the doctrine of implied powers. The impugned order was set aside and the application was remitted for fresh consideration. (Paras 1-5)
Issue of Consideration
Whether a Magistrate has the power to relax or modify conditions imposed at the time of granting bail, even if not expressly provided under Section 439 of the Code of Criminal Procedure, 1973.
Final Decision
The impugned order dated 7th August 2023 passed by the learned Judicial Magistrate First Class, Omerga, is set aside. The matter is remitted back to the Trial Court to decide the application (Exhibit-101) afresh on its own merits, in accordance with law. The writ petition is allowed.
Law Points
- Implied power
- Bail conditions relaxation
- Section 439 CrPC
- Doctrine of implied powers
