Case Note & Summary
The petitioner, Devibai, the wife of the deceased, filed a criminal petition under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking cancellation of bail granted to the accused, Sunil Rathod, in Crime No.33/2025 registered at Gogi Police Station for offences punishable under Sections 109, 302, 201 read with Section 34 of the Indian Penal Code, 1860. The bail was granted by the District and Sessions Judge, Yadgir, on 03.05.2025. The petitioner contended that the bail order was passed without issuing any notice to her, the informant, as mandated by Section 483(3) of BNSS. The High Court heard arguments from Sri Sanjay A. Patil for the petitioner, Smt. Aarti Patil, HCGP for the State, and Sri Ashok B. Mulage for the accused. The court examined the provision of Section 483(3) BNSS, which requires that before granting bail to a person accused of an offence triable exclusively by the Court of Session, the court must give notice of the application for bail to the Public Prosecutor and the informant. The court noted that the provision uses the word 'shall', indicating it is mandatory. The court found that no notice was issued to the informant before granting bail, which vitiated the order. The court relied on the principle that such a mandatory requirement cannot be dispensed with. Consequently, the court allowed the petition, set aside the bail order dated 03.05.2025, and directed the accused to surrender before the trial court forthwith. The court also directed the trial court to take the accused into custody and proceed in accordance with law.
Headnote
A) Criminal Procedure - Cancellation of Bail - Mandatory Notice to Informant - Section 483(3) BNSS, 2023 - The court considered whether the bail order granted to the accused in a murder case was vitiated due to non-compliance with the mandatory requirement of notice to the informant under Section 483(3) BNSS. The High Court held that the provision is mandatory and failure to issue notice to the informant before granting bail renders the order illegal and liable to be set aside. The court cancelled the bail and directed the accused to surrender (Paras 3-5).
Issue of Consideration
Whether the order granting bail to the accused is liable to be set aside for non-compliance with the mandatory requirement of notice to the informant under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)?
Final Decision
The petition is allowed. The order dated 03.05.2025 passed by the learned District and Sessions Judge, Yadgir, granting bail to respondent No.2/accused is set aside. Respondent No.2/accused is directed to surrender before the trial court forthwith. The trial court is directed to take the accused into custody and proceed in accordance with law.
Law Points
- Cancellation of bail
- mandatory notice to informant
- Section 483(3) BNSS
- 2023
- non-compliance
- vitiates order
