Case Note & Summary
The petitioner, Digvijay Hirabhai Jotwa, was granted regular bail by the learned Judicial Magistrate First Class (JMFC) on 08.10.2025 in connection with FIR C.R.No.11199010250535 registered at Bharuch City 'A' Division Police Station for offences punishable under Sections 409, 406, 465, 467, 468, 471, 120(B) and 114 of the Indian Penal Code, 1860. Subsequently, the State of Gujarat filed an application before the District and Sessions Court, Bharuch, seeking cancellation of that bail. The Sessions Court, by order dated 12.12.2025 in CRMA No.820 of 2025, cancelled the bail. Aggrieved, the petitioner approached the High Court under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for quashing of the Sessions Court's order. The High Court examined the impugned order and found that the Sessions Court had cancelled the bail by re-appreciating the evidence on merits, without pointing out any supervening circumstances or violation of bail conditions by the petitioner. The Court held that the power to cancel bail is not to be exercised lightly and requires strong grounds such as misuse of liberty or interference with the investigation. Since the Sessions Court's order was based on a re-assessment of the evidence, which is impermissible in bail cancellation proceedings, the High Court quashed the order and restored the bail granted by the Magistrate.
Headnote
A) Criminal Procedure - Bail Cancellation - Jurisdiction of Sessions Court - Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 - The Sessions Court cancelled bail by re-appreciating the evidence on merits, which is impermissible in bail cancellation proceedings. The High Court held that cancellation of bail requires supervening circumstances or violation of bail conditions, not a review of the merits of the case. The impugned order was quashed and bail was restored. (Paras 1-12) B) Constitutional Law - Writ Jurisdiction - Article 226 and 227 of the Constitution of India - The High Court exercised its writ jurisdiction to quash an order cancelling bail passed by the Sessions Court, as the order was without jurisdiction and based on a re-appreciation of evidence. (Paras 1-12)
Issue of Consideration
Whether the Sessions Court could cancel regular bail granted by the Magistrate by re-appreciating the evidence on merits without any supervening circumstances or violation of bail conditions.
Final Decision
The High Court allowed the petition, quashed the order dated 12.12.2025 passed by the District and Sessions Court, Bharuch in CRMA No.820 of 2025, and restored the regular bail granted to the petitioner by the JMFC on 08.10.2025 in CRMA No.1516 of 2025.
Law Points
- Bail cancellation requires supervening circumstances or violation of bail conditions
- not re-appreciation of evidence
- Section 528 BNSS
- Article 226/227 Constitution of India
