Case Note & Summary
The petitioner, Hirabhai Arjanbhai Jotva, was granted regular bail by the learned Judicial Magistrate First Class (JMFC), Bharuch, vide order dated 26.09.2025 in CRMA No.1481 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. Subsequently, the State of Gujarat filed an application for cancellation of bail before the learned District and Sessions Court, Bharuch, which was allowed vide order dated 12.12.2025 in CRMA No.819 of 2025, cancelling the bail. Aggrieved by the cancellation, the petitioner approached the High Court of Gujarat under Article 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking quashing of the Sessions Court's order. The High Court examined the grounds on which the Sessions Court cancelled the bail. The Sessions Court had re-appreciated the evidence and formed a different opinion on the merits of the case, which is not a valid ground for cancellation of bail. The High Court reiterated the settled legal position that bail once granted can be cancelled only if there are supervening circumstances such as tampering with evidence, threatening witnesses, or violation of bail conditions. In the absence of any such circumstances, the Sessions Court exceeded its jurisdiction by reviewing the merits of the case. The High Court allowed the petition, quashed the impugned order dated 12.12.2025, and restored the bail granted by the JMFC.
Headnote
A) Criminal Procedure - Bail Cancellation - Jurisdiction of Sessions Court - Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 - The Sessions Court cancelled the regular bail granted by the JMFC 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 and quashed the cancellation order, restoring the bail. (Paras 1-12) B) Criminal Procedure - Bail Cancellation - Supervening Circumstances - Section 528 of BNSS - Bail once granted can be cancelled only if there are supervening circumstances such as tampering with evidence, threatening witnesses, or violating bail conditions. The Sessions Court's order was based on a different view of the evidence, which is not a valid ground for cancellation. (Paras 5-10) C) Constitutional Law - Writ Jurisdiction - Article 226 and 227 of Constitution of India - The High Court exercised its supervisory jurisdiction to correct an error of law committed by the Sessions Court in cancelling bail without proper grounds. The petition was allowed and the impugned order was quashed. (Paras 1, 12)
Issue of Consideration
Whether the Sessions Court was justified in cancelling the regular bail granted to the petitioner 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 the impugned order dated 12.12.2025 passed by the learned District and Sessions Court, Bharuch in CRMA No.819 of 2025, and restored the regular bail granted by the JMFC vide order dated 26.09.2025 in CRMA No.1481 of 2025.
Law Points
- Bail cancellation requires supervening circumstances or violation of bail conditions
- not re-appreciation of evidence
- Section 528 BNSS
- Article 226 and 227 of Constitution of India
