Case Note & Summary
The petitioner, Mahammad Sahal Ismail Patel, was granted regular bail by the learned Judicial Magistrate First Class (JMFC) on 08.10.2025 in connection with FIR 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. The State of Gujarat filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) before the learned District and Sessions Court, Bharuch, seeking cancellation of the bail. The Sessions Court, by order dated 15.12.2025 in CRMA No.823 of 2025, cancelled the regular bail. Aggrieved, the petitioner approached the High Court under Articles 226 and 227 of the Constitution read with Section 528 BNSS. The High Court examined the scope of Section 528 BNSS, which confers revisional powers on the Sessions Court. It held that the Sessions Court, while exercising such powers, cannot cancel a regular bail granted by the Magistrate on merits; it can only examine the legality or propriety of the order. The court noted that the grounds for cancellation of bail are different from grounds for rejection of bail. Cancellation requires supervening circumstances such as violation of bail conditions, tampering with evidence, or fleeing from justice. In the present case, the Sessions Court had re-appreciated the evidence and substituted its own view, which was impermissible. The High Court, therefore, quashed the impugned order dated 15.12.2025 and restored the regular bail granted to the petitioner on 08.10.2025.
Headnote
A) Criminal Procedure - Bail Cancellation - Jurisdiction under Section 528 BNSS - The Sessions Court, while exercising powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, cannot cancel a regular bail granted by the Magistrate on merits; it can only examine the legality or propriety of the order. The impugned order cancelling bail was set aside as the Sessions Court exceeded its jurisdiction by re-appreciating evidence and substituting its own view. (Paras 1-12) B) Criminal Procedure - Bail - Cancellation vs. Rejection - The grounds for cancellation of bail are distinct from grounds for rejection of bail; cancellation requires supervening circumstances or violation of bail conditions. In the absence of such circumstances, the Sessions Court erred in cancelling the bail. (Paras 8-12)
Issue of Consideration
Whether the learned District and Sessions Court had the jurisdiction to cancel the regular bail granted by the learned JMFC under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and whether the order of cancellation was legally sustainable.
Final Decision
The High Court allowed the petition, quashed the impugned order dated 15.12.2025 passed by the learned District and Sessions Court, Bharuch in CRMA No.823 of 2025, and restored the regular bail granted to the petitioner vide order dated 08.10.2025 passed by the learned JMFC.
Law Points
- Bail cancellation
- Jurisdiction under Section 528 BNSS
- Scope of revisional powers
- Regular bail cannot be cancelled on merits by Sessions Court under Section 528 BNSS
- Distinction between cancellation of bail and rejection of bail
