Case Note & Summary
The petitioner, Sarman Hardasbhai Solanki, 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, 2023 (BNSS), seeking to quash an order dated 17.12.2025 passed by the learned District and Sessions Court, Bharuch, in CRMA No.824 of 2025. That order had cancelled the regular bail granted to the petitioner by the learned Judicial Magistrate First Class (JMFC) vide order dated 13.10.2025 in CRMA No.1523 of 2025, in connection with FIR C.R.No.11199010250535 of 2025 registered at 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 petitioner contended that the Sessions Court had no jurisdiction to cancel the bail under Section 528 BNSS, as that provision only deals with transfer of cases and not cancellation of bail. The State opposed the petition. The High Court examined the scope of Section 528 BNSS and held that it does not empower a superior court to cancel bail granted by a subordinate court; the proper remedy for cancellation lies under Section 439(2) BNSS. Consequently, the impugned order was quashed and set aside, and the petitioner was directed to be released on bail on the same terms and conditions as imposed by the JMFC. The petition was allowed.
Headnote
A) Criminal Procedure - Bail Cancellation - Jurisdiction under Section 528 BNSS - The Sessions Court exceeded its jurisdiction by cancelling regular bail granted by the JMFC, as Section 528 BNSS does not empower a superior court to cancel bail granted by a subordinate court; the proper remedy lies under Section 439(2) BNSS. - Held that the impugned order was without jurisdiction and liable to be quashed. (Paras 1-12) B) Criminal Procedure - Regular Bail - Cancellation by Sessions Court - The Sessions Court's order dated 17.12.2025 in CRMA No.824 of 2025 cancelling the regular bail granted by the JMFC on 13.10.2025 in CRMA No.1523 of 2025 was set aside, and the petitioner was directed to be released on bail subject to conditions. - Held that the Sessions Court's order was unsustainable. (Paras 1-12)
Issue of Consideration
Whether the Sessions Court had the jurisdiction to cancel the regular bail granted by the JMFC under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and whether the impugned order was sustainable.
Final Decision
The petition is allowed. The impugned order dated 17.12.2025 passed by the learned District and Sessions Court, Bharuch, in CRMA No.824 of 2025 is quashed and set aside. The petitioner is directed to be released on bail on the same terms and conditions as imposed by the learned JMFC vide order dated 13.10.2025 in CRMA No.1523 of 2025.
Law Points
- Bail cancellation
- Jurisdiction under Section 528 BNSS
- Scope of revisional powers
- Regular bail vs cancellation
- Criminal breach of trust
