Case Note & Summary
The applicant, Ujwala Hiwale, the original complainant, filed an application under Section 439(2) of the Code of Criminal Procedure, 1973, seeking cancellation of bail granted to respondent no.2, Hirabai Ghodke, the mother-in-law of the deceased victim Smita. The incident of death occurred on 16th June 2011, and a crime was registered at Kotwali Police Station, Ahmednagar. Respondent no.2 was arrested and later enlarged on bail by the learned Additional Sessions Judge-6, Ahmednagar, on 27th June 2011, after 11 days of custody. The applicant contended that the victim had left a letter before her death alleging physical, mental, and financial cruelty by respondent no.2 and her husband. The death was suspicious, and the victim was found hanging in a dilapidated house. The applicant argued that no conditions were imposed while granting bail, and the investigation was still in progress. The learned Additional Public Prosecutor supported the application. The respondent no.2 opposed the application, arguing that the bail order was legal and proper, and there were no supervening circumstances warranting cancellation. The court, after hearing the parties and perusing the investigation papers, held that the grounds raised by the applicant were not sufficient to cancel the bail. The court observed that cancellation of bail requires supervening circumstances or misuse of liberty, which were not established. The mere fact that no conditions were imposed did not justify cancellation, as the investigating officer could have approached the court for imposing conditions. The court found no perversity in the bail order and dismissed the application.
Headnote
A) Criminal Procedure Code - Cancellation of Bail - Section 439 CrPC - Cancellation of bail requires supervening circumstances or misuse of liberty - The applicant sought cancellation of bail granted to the mother-in-law in a dowry death case. The court held that mere disagreement with the bail order or absence of conditions does not justify cancellation unless there is evidence of misuse of bail or new developments. (Paras 1-6) B) Criminal Procedure Code - Bail - Conditions - Section 437, 439 CrPC - Absence of conditions in bail order - The court noted that no condition was imposed on the accused while granting bail, but held that this alone is not a ground for cancellation. The investigating officer could have sought conditions if necessary. (Paras 3-6) C) Evidence Act - Dying Declaration - Letter by victim - The victim's letter alleging cruelty was considered but the court found that the bail order was not perverse and no supervening circumstances were shown to cancel bail. (Paras 3-6)
Issue of Consideration
Whether the bail granted to respondent no.2 (original accused) by the Additional Sessions Judge should be cancelled under the circumstances of the case.
Final Decision
The application for cancellation of bail is dismissed. The bail granted to respondent no.2 by the learned Additional Sessions Judge-6, Ahmednagar, on 27th June 2011 is not cancelled.
Law Points
- Cancellation of bail requires supervening circumstances or misuse of liberty
- not mere disagreement with the order granting bail
- Burden of proof on applicant seeking cancellation
- No condition imposed at time of bail does not automatically warrant cancellation
