Case Note & Summary
The applicant, Thomas Fernandes, was granted bail in a criminal case. The District & Sessions Court, South Goa at Margao, cancelled his bail on 12 January 2004 in Criminal Miscellaneous Application No. 19 of 2003. The applicant challenged this cancellation before the Bombay High Court at Goa by filing Criminal Miscellaneous Application No. 19 of 2004. The High Court granted an interim stay of the cancellation order on 16 January 2004. During the pendency of the application, the trial in the Sessions Court proceeded and was nearly concluded by June 2005, with judgment expected in the first week of July 2005. The applicant's counsel submitted that the trial was almost over. The High Court observed that after perusing the Sessions Court's order, no case had been made out for cancellation of bail. Additionally, the applicant had faced the trial without absconding or tampering with witnesses, and the cancellation order had thus become practically infructuous. The High Court therefore quashed and set aside the order of the District & Sessions Court dated 12 January 2004 and allowed the Criminal Miscellaneous Application. The applicant was not required to surrender to judicial custody.
Headnote
A) Criminal Procedure - Bail - Cancellation - Grounds - Code of Criminal Procedure, 1973 - The Sessions Court cancelled the applicant's bail. On perusal of the order, the High Court found that no case had been made out for cancellation of bail which was earlier granted. Held, the cancellation order was unjustified and is quashed. (Paras 3-4) B) Criminal Procedure - Bail - Infructuous Order - Effect of Subsequent Events - Code of Criminal Procedure, 1973 - The trial in the Sessions Court was almost over, and the applicant had faced trial without absconding or tampering with witnesses. The High Court observed that the cancellation order had practically become infructuous and, having granted interim stay, the applicant need not surrender. Held, the application is allowed and the cancellation order set aside. (Paras 3-4)
Issue of Consideration
Whether the cancellation of the applicant's bail by the Sessions Court was justified
Final Decision
The High Court quashed and set aside the order of the District & Sessions Court, South Goa at Margao in Criminal Miscellaneous Application No. 19 of 2003 dated 12.01.2004 cancelling the applicant's bail, and allowed the Criminal Miscellaneous Application. The applicant was not required to surrender to judicial custody.
Law Points
- Cancellation of bail requires strong grounds
- not made out in this case
- order of bail cancellation becomes infructuous when trial is nearly over and accused has faced trial without misconduct
- interim stay of cancellation order need not be vacated when subsequent events render cancellation unjustified
