Case Note & Summary
The petitioners, Jodhabhai Naranbhai Sabhad and another, filed a Special Criminal Application under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) challenging the order dated 12.12.2025 passed by the learned District and Sessions Court, Bharuch in CRMA No.821 of 2025. That order had cancelled the regular bail granted to the petitioners by the learned Judicial Magistrate First Class (JMFC) vide order dated 13.10.2025 in CRMA No.1522 of 2025 in connection with FIR being C.R.No.11199010250535 of 2025 registered with Bharuch City 'A' Division Police Station, District Bharuch for offences punishable under Sections 409, 406, 465, 467, 468, 471, 120(B) and 114 of the Indian Penal Code, 1860. The FIR was lodged on 30th May, 2025, and the petitioners were arrested on 27th June, 2025. The Magistrate granted regular bail on 13.10.2025. The State of Gujarat filed an application before the Sessions Court for cancellation of that bail, which was allowed on 12.12.2025. The petitioners then approached the High Court. The main legal issue was whether the Sessions Court was justified in cancelling the bail in the absence of any supervening circumstances or violation of bail conditions. The petitioners argued that the Sessions Court had exceeded its jurisdiction by re-appreciating the evidence on merits, which is not permissible in a bail cancellation proceeding. The State supported the Sessions Court's order. The High Court, after hearing both sides, held that the Sessions Court had acted beyond its jurisdiction. The court observed that the power under Section 528 BNSS is not an appellate power and cannot be used to review the merits of the bail order. The law is well settled that bail once granted can be cancelled only if there are supervening circumstances or if the accused has misused the liberty or violated the conditions of bail. The Sessions Court's order was based on the same material that was before the Magistrate, and no new ground was made out. Therefore, the High Court quashed and set aside the impugned order dated 12.12.2025 and restored the bail granted by the Magistrate on 13.10.2025.
Headnote
A) Criminal Procedure - Bail Cancellation - Jurisdiction of Sessions Court - Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 - The Sessions Court cancelled bail granted by the Magistrate by re-appreciating the evidence on merits, without any supervening circumstances or violation of bail conditions. The High Court held that the Sessions Court exceeded its jurisdiction as the power under Section 528 BNSS is not akin to an appellate power and cannot be used to review the merits of the bail order. The order of cancellation was quashed and set aside. (Paras 6-10) B) Criminal Procedure - Bail - Cancellation Grounds - Supervening Circumstances - The law is well settled that bail once granted can be cancelled only if there are supervening circumstances or if the accused has misused the liberty or violated the conditions of bail. Mere change of opinion or re-appreciation of evidence is not sufficient. The Sessions Court's order was based on the same material that was before the Magistrate, and no new ground was made out. (Paras 6-10)
Issue of Consideration
Whether the Sessions Court was justified in cancelling the regular bail granted by the Magistrate in the absence of any supervening circumstances or violation of bail conditions, and whether the Sessions Court exceeded its jurisdiction by re-appreciating the evidence on merits.
Final Decision
The High Court allowed the petition, quashed and set aside the impugned order dated 12.12.2025 passed by the learned District and Sessions Court, Bharuch in CRMA No.821 of 2025, and restored the regular bail granted to the petitioners by the learned JMFC vide order dated 13.10.2025 in CRMA No.1522 of 2025.
Law Points
- Bail cancellation requires supervening circumstances or violation of bail conditions
- not re-appreciation of evidence
- Sessions Court cannot sit as appellate court over Magistrate's bail order
- Section 528 BNSS does not permit review of merits of bail order
