Case Note & Summary
The applicant, Mahadeo Deoba Gajbhar, was arrested in connection with Crime No.30/2019 for offences under Sections 302, 143, 147, 148, 149, 323 and 506 of the Indian Penal Code, based on a report lodged by the complainant, Suman Shinde, alleging that the applicant and others assaulted her husband Vinayak Shinde, resulting in his death on 18.02.2019. The applicant's first bail application before the Additional Sessions Judge, Washim was rejected on 15.04.2019. He then approached the Bombay High Court by filing Criminal Application (BA) No.385/2019, which was pending. Meanwhile, the police filed a charge-sheet, and the applicant filed a fresh bail application before the Additional Sessions Judge, Mangrulpir, being Miscellaneous Criminal Bail Application No.107/2019, which was allowed on 11.06.2019, and the applicant was released on bail. Subsequently, the complainant filed Miscellaneous Criminal Application No.123/2019 seeking cancellation of that bail, which was allowed by the Additional Sessions Judge on 21.06.2019, cancelling the bail. The applicant challenged this cancellation order before the High Court under Section 482 CrPC. The High Court observed that the order cancelling bail did not record any supervening circumstances or violation of bail conditions by the applicant. The court noted that the bail was granted after the charge-sheet was filed, which was a change in circumstance, and the cancellation was based on the same grounds as the earlier rejection. The High Court held that cancellation of bail requires strong reasons such as misuse of liberty or new adverse circumstances, and mere change of opinion is not sufficient. The impugned order was found to be perverse and without jurisdiction, and was quashed and set aside. The bail granted earlier was restored.
Headnote
A) Criminal Procedure - Cancellation of Bail - Supervening Circumstances - Section 439(2) Code of Criminal Procedure, 1973 - The court below cancelled bail without any fresh grounds or violation of conditions, merely on the application of the complainant. Held that cancellation of bail requires strong reasons such as misuse of liberty or new circumstances; mere change of opinion is insufficient (Paras 8-10). B) Criminal Procedure - Inherent Powers - Quashing of Order - Section 482 Code of Criminal Procedure, 1973 - The High Court can set aside an order cancelling bail if it is perverse or without jurisdiction. Held that the impugned order was illegal and liable to be quashed (Paras 11-12).
Issue of Consideration
Whether the cancellation of regular bail granted to the applicant by the Additional Sessions Judge was justified in the absence of any supervening circumstances or violation of bail conditions.
Final Decision
The High Court allowed the application, quashed and set aside the order dated 21.06.2019 passed by Additional Sessions Judge, Mangrulpir in Miscellaneous Criminal Application No.123/2019, and restored the bail granted to the applicant on 11.06.2019.
Law Points
- Cancellation of bail requires supervening circumstances or violation of bail conditions
- not mere change of opinion
- bail once granted cannot be cancelled on same grounds as rejection
- Section 482 CrPC can be invoked to prevent abuse of process
