Case Note & Summary
The applicant, Gopal Singh, filed a criminal application under Section 439(2) of the Code of Criminal Procedure, 1973, seeking cancellation of bail granted to the non-applicant No.2, Sharad Gomekar, by the Additional Sessions Judge-3, Nagpur, on 20.9.2017 in Misc. Criminal Application No.1847/2017. The applicant had earlier lodged a report at Kanhan Police Station on 24.10.2014, leading to registration of Crime No.139/2014 for offences under Sections 143, 147, 148, 149, 302, and 307 of the Indian Penal Code. The non-applicant No.2 had previously filed a bail application before the High Court, which was rejected on merits by a co-ordinate bench (Coram: P.N. Deshmukh, J.) on 24.1.2017. Subsequently, the non-applicant No.2 approached the Sessions Court, which granted bail without any change in circumstances. The High Court, while allowing the application, held that the Sessions Judge acted with judicial impropriety by granting bail in disregard of the earlier order of a co-ordinate bench. The court emphasized that a co-ordinate bench cannot override an earlier order of a court of co-ordinate jurisdiction unless there is a change in circumstances. Since no such change was shown, the bail was cancelled on the ground of judicial impropriety alone, without examining the merits of the case. The court set aside the order dated 20.9.2017 and directed the non-applicant No.2 to surrender forthwith.
Headnote
A) Criminal Procedure - Bail - Cancellation of Bail - Section 439(2) CrPC - Judicial Propriety - Co-ordinate Bench Cannot Override Earlier Order - The applicant challenged the grant of bail to the accused by the Additional Sessions Judge, which was granted despite an earlier order of the High Court (Coram: P.N. Deshmukh, J.) rejecting bail on merits. The High Court held that the Sessions Judge acted with judicial impropriety by granting bail without any change in circumstances, as a co-ordinate bench cannot override an earlier order of a court of co-ordinate jurisdiction. The bail was cancelled on this ground alone without examining merits. (Paras 4-8)
Issue of Consideration
Whether the Additional Sessions Judge was justified in granting bail to the accused when a co-ordinate bench of the same court had earlier rejected bail on merits, without any change in circumstances.
Final Decision
The High Court allowed the application, set aside the order dated 20.9.2017 passed by the Additional Sessions Judge-3, Nagpur, granting bail to non-applicant No.2, and directed non-applicant No.2 to surrender forthwith.
Law Points
- Judicial propriety
- Co-ordinate bench cannot override earlier order of same court
- Cancellation of bail under Section 439(2) CrPC
- Change in circumstances required for subsequent bail application
Case Details
2018 LawText (BOM) (02) 146
Criminal Application (APPLN) No.57 of 2017
Shri J.M. Gandhi for applicant, Shri D.V. Chauhan for non-applicant No.2, Shri N.B. Jawade, Addl.P.P. for State
Gopal s/o Muneshwar Singh
State of Maharashtra and Sharad s/o Deorao Gomekar
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Nature of Litigation
Application under Section 439(2) CrPC for cancellation of bail granted to the accused by the Sessions Court.
Remedy Sought
The applicant sought cancellation of bail granted to non-applicant No.2 by the Additional Sessions Judge, Nagpur.
Filing Reason
The applicant challenged the grant of bail on the ground of judicial impropriety, as the Sessions Judge granted bail despite an earlier order of the High Court rejecting bail on merits without any change in circumstances.
Previous Decisions
The High Court (Coram: P.N. Deshmukh, J.) had rejected the bail application of non-applicant No.2 on merits on 24.1.2017. Subsequently, the Additional Sessions Judge-3, Nagpur, granted bail on 20.9.2017 in Misc. Criminal Application No.1847/2017.
Issues
Whether the Additional Sessions Judge was justified in granting bail to the accused when a co-ordinate bench of the same court had earlier rejected bail on merits, without any change in circumstances.
Submissions/Arguments
The applicant argued that the grant of bail by the Sessions Judge was improper as it overrode the earlier order of the High Court without any change in circumstances.
The non-applicant No.2 and the State did not make submissions on the merits as the court decided on the ground of judicial propriety alone.
Ratio Decidendi
A co-ordinate bench of a court cannot override an earlier order of another co-ordinate bench unless there is a change in circumstances. Granting bail in disregard of such an earlier order amounts to judicial impropriety, and the bail is liable to be cancelled under Section 439(2) CrPC on that ground alone.
Judgment Excerpts
I feel that this application can be allowed on the first ground itself.
Since this Court is granting the prayer of the applicant on that count alone, the Court is not going in detail about the case of non-applicant No.2 Sharad Gomekar on its own merits or demerits as it is my considered view that merits and demerits of the case of non-applicant No.2 Sharad Gomekar were already considered by this Court (Coram : P.N. Deshmukh, J.) on 24.1.2017.
Procedural History
On 24.10.2014, the applicant lodged a report at Kanhan Police Station, leading to registration of Crime No.139/2014. The non-applicant No.2 filed a bail application before the High Court, which was rejected on merits on 24.1.2017. Thereafter, the non-applicant No.2 filed Misc. Criminal Application No.1847/2017 before the Additional Sessions Judge-3, Nagpur, who granted bail on 20.9.2017. The applicant then filed the present application under Section 439(2) CrPC for cancellation of that bail.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 439(2)
- Indian Penal Code, 1860: 143, 147, 148, 149, 302, 307
