Case Note & Summary
The High Court of Bombay at Nagpur took suo motu cognizance of an order passed by the Additional Sessions Judge, Bhandara, granting anticipatory bail to Manisha Krishnakant Deshmukh, the non-applicant, in Crime No.113/2016 registered by Kardha police station. The crime was registered based on an audit report by the Auditor, Cooperative Societies, Bhandara, alleging misappropriation and defalcation of amounts exceeding Rs.7 crores and gold exceeding 7 kg by the Managing Committee of Laxmi Rural Non-agricultural Activities Cooperative Credit Society Ltd. The non-applicant was the Chairman of the Managing Committee. The Sessions Court, by order dated 03/02/2017, allowed her application under Section 438 CrPC without recording any reasons, merely stating that allegations were concentrated against two persons and no prima facie overt act was attributed to her. The High Court, while considering another co-accused's anticipatory bail application, noticed this order and issued notice to the non-applicant to show cause why the bail should not be cancelled. After hearing both sides, the High Court found that the Sessions Court had overlooked relevant aspects and granted bail without recording reasons. The High Court held that the order was passed without application of mind and was liable to be set aside. Consequently, the anticipatory bail granted to the non-applicant was cancelled, and the non-applicant was directed to surrender forthwith. The High Court also directed the Investigating Officer to proceed with the investigation in accordance with law.
Headnote
A) Criminal Procedure - Anticipatory Bail - Cancellation of Bail - Section 438, 482 Code of Criminal Procedure, 1973 - The Sessions Court granted anticipatory bail to the non-applicant without recording any reasons despite allegations of misappropriation of Rs.7-8 crores and 7-8 kg gold. The High Court, exercising suo motu jurisdiction under Section 482 CrPC, cancelled the bail as the order was passed without application of mind and without recording reasons. Held that grant of anticipatory bail without reasons is illegal and liable to be set aside (Paras 1-5).
Issue of Consideration
Whether the anticipatory bail granted by the Sessions Court without recording reasons should be cancelled under Section 482 CrPC
Final Decision
The anticipatory bail granted to the non-applicant by the Additional Sessions Judge, Bhandara on 03/02/2017 is cancelled. The non-applicant is directed to surrender forthwith. The Investigating Officer is directed to proceed with the investigation in accordance with law.
Law Points
- Anticipatory bail must be granted with reasons
- Section 438 CrPC requires recording of reasons
- Section 482 CrPC can be used to cancel illegal bail orders
