Case Note & Summary
The petitioner, Ravindra s/o Mansingh Jadhav, was granted bail by the Additional Sessions Judge, Aurangabad on 10.06.2022 in Criminal Bail Application No.967 of 2022. Subsequently, the same court passed an order on 14.07.2022 cancelling that bail and directing the petitioner to surrender. The petitioner challenged this cancellation order before the Bombay High Court. The petitioner's counsel argued that the same court cannot cancel its own bail order under Section 439(2) of the Criminal Procedure Code, 1973; only a higher court has such jurisdiction. The High Court agreed, holding that the Additional Sessions Judge had no jurisdiction to cancel its own bail order. The impugned order was quashed and set aside, and the petitioner's bail was restored.
Headnote
A) Criminal Procedure - Bail Cancellation - Jurisdiction - Section 439(2) CrPC - The same court which granted bail cannot cancel it under Section 439(2) CrPC; only a higher court can cancel bail. The Additional Sessions Judge erred in cancelling its own bail order. (Paras 1-3)
Issue of Consideration
Whether the Additional Sessions Judge has jurisdiction to cancel its own order of bail granted earlier under Section 439(2) of the Criminal Procedure Code, 1973.
Final Decision
The High Court allowed the petition, quashed and set aside the impugned order dated 14.07.2022 passed by the Additional Sessions Judge, Aurangabad, and restored the bail granted to the petitioner.
Law Points
- Jurisdiction to cancel bail
- Section 439(2) CrPC
- Same court cannot cancel its own bail order
- Only higher court can cancel bail
Case Details
2022 LawText (BOM) (08) 42
Criminal Writ Petition No.979 of 2022
Mr. A D Ostwal h/f K.D.Jadhav for petitioner, Mr. S P Deshmukh APP for Respondent/State
Ravindra s/o Mansingh Jadhav
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Nature of Litigation
Criminal writ petition challenging cancellation of bail
Remedy Sought
Petitioner sought quashing of the order dated 14.07.2022 cancelling his bail and restoration of bail
Filing Reason
The Additional Sessions Judge cancelled its own bail order, which the petitioner argued was without jurisdiction
Previous Decisions
Additional Sessions Judge granted bail on 10.06.2022 in Cri. BA No.967 of 2022; same court cancelled bail on 14.07.2022
Issues
Whether the Additional Sessions Judge has jurisdiction to cancel its own order of bail under Section 439(2) CrPC
Submissions/Arguments
Petitioner argued that the same court cannot cancel its own bail order; only a higher court can do so under Section 439(2) CrPC.
Petitioner submitted that bail was granted on merits and property was recovered, so no need to keep petitioner behind bars.
Ratio Decidendi
The same court which granted bail cannot cancel it under Section 439(2) CrPC; only a higher court has jurisdiction to cancel bail.
Judgment Excerpts
The same court cannot cancel that bail by invoking section 439 (2) of the Criminal Procedure Code, 1973.
It is for the higher court to cancel bail and not the Court which had granted the bail.
Procedural History
The petitioner was granted bail by the Additional Sessions Judge, Aurangabad on 10.06.2022. The same court cancelled the bail on 14.07.2022. The petitioner filed Criminal Writ Petition No.979 of 2022 before the Bombay High Court challenging the cancellation order.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): Section 439(2)
