Case Note & Summary
The petitioner, Harendrasinh Balwantsinh Parmar, was granted regular bail by the Judicial Magistrate First Class (JMFC), Bharuch, on 08.10.2025 in connection with FIR No.11199010250535 registered at Bharuch City 'A' Division Police Station for offences 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 Sessions Court, Bharuch, seeking cancellation of that bail. The Sessions Court, by order dated 17.12.2025 in CRMA No.826 of 2025, cancelled the bail. Aggrieved, the petitioner approached the High Court under Articles 226 and 227 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The High Court examined the distinction between cancellation of bail and setting aside of a bail order. It noted that the Sessions Court had re-appreciated the evidence and found that the JMFC had erred in granting bail, but there was no allegation that the petitioner had violated any bail conditions or that any supervening circumstances had arisen. The High Court held that the power to cancel bail under Section 528 BNSS is not meant to be used as an appellate power to review the merits of the original bail order. Cancellation requires fresh grounds such as misuse of liberty, tampering with evidence, or new facts. Since the Sessions Court's order was based solely on a re-evaluation of the same material, it was unsustainable. The High Court quashed the Sessions Court's order and restored the bail granted by the JMFC.
Headnote
A) Criminal Procedure - Bail Cancellation - Jurisdiction of Sessions Court - Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 - The Sessions Court cancelled bail granted by JMFC without any new supervening circumstances or violation of bail conditions, merely re-appreciating evidence. Held that the Sessions Court exceeded its jurisdiction as bail cancellation requires fresh grounds, not a review of the merits of the original order. (Paras 1-12) B) Criminal Procedure - Bail - Cancellation vs. Setting Aside - Distinction - Section 528 BNSS - The power to cancel bail under Section 528 BNSS is distinct from setting aside an illegal order; cancellation requires subsequent conduct or new facts. Held that the Sessions Court's order was unsustainable as it effectively reviewed the JMFC's order without any change in circumstances. (Paras 8-12)
Issue of Consideration
Whether the Sessions Court was justified in cancelling the regular bail granted by the JMFC in the absence of any supervening circumstances or violation of bail conditions.
Final Decision
The High Court allowed the petition, quashed the Sessions Court's order dated 17.12.2025, and restored the bail granted by the JMFC on 08.10.2025.
Law Points
- Bail cancellation requires supervening circumstances or violation of bail conditions
- Sessions Court cannot sit in appeal over JMFC's bail order
- Section 528 BNSS does not permit review of merits of bail order
