Case Note & Summary
The petitioner, Kantu, was accused in Crime No.8/2013 registered at Gulbarga Women Police Station for an offence under Section 493 IPC (cohabitation by deceitful means). The complainant, a 20-year-old woman, alleged that the petitioner, her neighbour, had a love affair with her and promised to marry her, leading to a physical relationship. The petitioner was arrested and later granted bail by the IV Additional Sessions Court, Gulbarga, in Criminal Misc. No.230/2013. However, on 27.08.2013, the II Additional JMFC, Gulbarga, passed an order remanding the petitioner to judicial custody without cancelling the earlier bail. The petitioner filed this petition under Section 482 CrPC seeking to quash the remand order. The High Court observed that the remand order was illegal as the bail granted by the Sessions Court had not been cancelled. The court allowed the petition, quashed the remand order, and directed that the petitioner be released on bail in terms of the earlier order passed by the Sessions Court.
Headnote
A) Criminal Procedure - Bail - Cancellation of Bail - Remand - Section 482 CrPC - The petitioner was granted bail by the IV Additional Sessions Court in Criminal Misc. No.230/2013. Subsequently, the II Additional JMFC remanded him to judicial custody without cancelling the bail. The High Court held that the remand order is illegal and quashed it, directing the petitioner to be released on bail in terms of the earlier order. (Paras 1-4) B) Criminal Procedure - Inherent Powers - Section 482 CrPC - The High Court exercised its inherent powers to quash the remand order as it was passed without jurisdiction and in violation of the principles of bail. (Para 4)
Issue of Consideration
Whether the order of remand passed by the Magistrate is valid when the accused had already been granted bail by the Sessions Court and the bail had not been cancelled.
Final Decision
The petition is allowed. The order dated 27.08.2013 passed by the II Additional JMFC, Gulbarga, remanding the petitioner to judicial custody is quashed. The petitioner shall be released on bail in terms of the order passed by the IV Additional Sessions Court, Gulbarga, in Criminal Misc. No.230/2013.
Law Points
- Bail once granted cannot be cancelled without proper proceedings
- Remand order without cancellation of bail is illegal
- Section 482 CrPC can be invoked to quash illegal orders
