Case Note & Summary
The petitioners, Devendra Govind Goyal and Ritesh Govind Goyal, were accused in R.C.C. No.1497/2021 pending before the Chief Judicial Magistrate, Nagpur, for offences under Sections 406, 420, 467, 468, 471 read with Section 34 of the Indian Penal Code. They were granted bail by the Chief Judicial Magistrate on 16/07/2021 on certain conditions. Subsequently, the respondent no.2, Sureshchandra Agrawal, filed an application under Section 439(2) Cr.P.C. before the Sessions Judge, Nagpur, for cancellation of bail on the ground that the petitioners had violated the bail conditions and were not cooperating with the investigation. The Sessions Judge, by order dated 29/10/2021, cancelled the bail and directed the petitioners to be arrested and taken into custody. The petitioners challenged this order before the High Court. The High Court, after hearing the parties, held that the Sessions Judge's order was justified. The court observed that the petitioners had failed to appear before the Investigating Officer as directed and had not cooperated with the investigation, which amounted to violation of bail conditions. The court further held that the power to cancel bail under Section 439(2) Cr.P.C. is not limited to post-cognizance stage and can be exercised even during investigation. The High Court dismissed the petition, upholding the cancellation of bail.
Headnote
A) Criminal Procedure Code - Cancellation of Bail - Section 439(2) Cr.P.C. - Violation of Bail Conditions - The petitioners were granted bail by the Chief Judicial Magistrate but the Sessions Judge cancelled it on the ground that they failed to cooperate with the investigation and violated bail conditions by not appearing before the Investigating Officer as directed. The High Court held that the Sessions Judge's order was justified as the petitioners' conduct showed they were not cooperating, which is a valid ground for cancellation of bail. (Paras 1-10) B) Criminal Procedure Code - Cancellation of Bail - Section 439(2) Cr.P.C. - Non-Cooperation with Investigation - The court held that non-cooperation with the investigation, including failure to appear before the Investigating Officer, is a sufficient ground for cancellation of bail under Section 439(2) Cr.P.C. The power to cancel bail is not limited to post-cognizance stage and can be exercised even during investigation. (Paras 5-8) C) Indian Penal Code - Offences of Cheating and Forgery - Sections 406, 420, 467, 468, 471 r/w 34 IPC - The petitioners were accused of cheating, criminal breach of trust, and forgery of documents. The High Court noted the gravity of the offences and the need for custodial investigation to unearth the truth. (Paras 2-3)
Issue of Consideration
Whether the Sessions Judge was justified in cancelling the bail granted to the petitioners under Section 439(2) Cr.P.C. on the ground of non-cooperation with investigation and violation of bail conditions.
Final Decision
The High Court dismissed the petition, upholding the order of the Sessions Judge cancelling the bail of the petitioners.
Law Points
- Cancellation of bail under Section 439(2) Cr.P.C. is justified when accused violate bail conditions
- tamper with evidence
- or fail to cooperate with investigation
- the power to cancel bail is not limited to post-cognizance stage
- the court must consider the gravity of offences and conduct of accused.
