Case Note & Summary
The petitioner, Shoiab Mohammad Yusuf Dola, filed a Special Criminal Application under Article 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, challenging the order dated 17.12.2025 passed by the learned District and Sessions Court, Bharuch in CRMA No.827 of 2025. That order had cancelled the regular bail granted to the petitioner vide order dated 08.10.2025 passed by the learned Judicial Magistrate First Class (JMFC) in CRMA No.1506 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 facts giving rise to the petition are that the FIR was registered alleging criminal breach of trust, cheating, and forgery. The petitioner was granted regular bail by the JMFC on 08.10.2025. Subsequently, the prosecution filed an application for cancellation of bail before the Sessions Court, which was allowed on 17.12.2025, cancelling the bail. The petitioner then approached the High Court. The legal issues considered were whether the Sessions Court was justified in cancelling bail without any supervening circumstances or violation of bail conditions, and whether the Sessions Court exceeded its jurisdiction by reappreciating evidence. The petitioner argued that the Sessions Court had conducted a mini-trial and reappreciated the evidence, which is not permissible. The State opposed the petition. The High Court analyzed the law on bail cancellation, noting that the power to cancel bail can be exercised only if there are supervening circumstances or violation of bail conditions. The court found that the Sessions Court had erred by reappreciating the evidence on merits, which is beyond its jurisdiction. The High Court quashed and set aside the Sessions Court's 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 petitioner challenged the order of the Sessions Court cancelling his regular bail granted by the JMFC. The High Court held that the Sessions Court exceeded its jurisdiction by reappreciating the evidence on merits, which is not permissible at the stage of bail cancellation. The power to cancel bail can be exercised only if there are supervening circumstances or violation of bail conditions. The order of the Sessions Court was quashed and set aside. (Paras 1-12) B) Criminal Procedure - Inherent Powers - Quashing of Orders - Article 226 and 227 of the Constitution of India read with Section 528 BNSS - The High Court exercised its inherent and supervisory jurisdiction to quash the Sessions Court's order cancelling bail, as the Sessions Court had acted beyond its jurisdiction by conducting a mini-trial and reappreciating evidence. The High Court restored the bail granted by the Magistrate. (Paras 1-12)
Issue of Consideration
Whether the Sessions Court was justified in cancelling the regular bail granted by the Magistrate in the absence of any supervening circumstances or violation of bail conditions, and whether the Sessions Court exceeded its jurisdiction by reappreciating the evidence on merits.
Final Decision
The High Court allowed the petition, quashed and set aside the order dated 17.12.2025 passed by the learned District and Sessions Court, Bharuch in CRMA No.827 of 2025, and restored the regular bail granted to the petitioner vide order dated 08.10.2025 passed by the learned JMFC in CRMA No.1506 of 2025.
Law Points
- Bail cancellation requires supervening circumstances or violation of bail conditions
- Sessions Court cannot reappreciate evidence to cancel bail granted by Magistrate
- Section 528 BNSS preserves inherent powers of High Court
