Case Note & Summary
The applicant, Sanjay Dattu Kamble, the original informant, filed an application under Section 439(2) of the Criminal Procedure Code seeking cancellation of bail granted to respondents 2 to 5, who were accused of an offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The respondents had been granted ad-interim bail, which was confirmed by an order dated 17.2.2012. The applicant challenged this order, arguing that the offence was serious and that the bail order was passed without proper application of mind. The court heard the applicant's advocate and the learned A.P.P. for respondent no.1. The court summarised the grounds for cancellation as narrated in the application, which included the nature of the offence under the Atrocities Act. However, the court found that no supervening circumstances or misuse of bail were alleged or established. The court held that cancellation of bail under Section 439(2) CrPC requires supervening circumstances or misuse of liberty, and mere re-appreciation of evidence is not sufficient. Consequently, the court dismissed the application, confirming the bail order.
Headnote
A) Criminal Procedure Code - Cancellation of Bail - Section 439(2) - Grounds for Cancellation - The applicant sought cancellation of bail granted to respondents 2 to 5 under Section 439(2) CrPC. The court held that cancellation of bail requires supervening circumstances or misuse of liberty, and mere re-appreciation of evidence is not sufficient. The application was dismissed as no such grounds were made out. (Paras 1-6)
Issue of Consideration
Whether the bail granted to respondents 2 to 5 under Section 439 CrPC should be cancelled under Section 439(2) CrPC on the grounds that the offence is serious and the bail order was passed without proper application of mind.
Final Decision
The application for cancellation of bail is dismissed. The bail order dated 17.2.2012 is confirmed.
Law Points
- Cancellation of bail requires supervening circumstances or misuse of liberty
- mere re-appreciation of evidence not sufficient
- Section 439(2) CrPC
