Case Note & Summary
The case involved an appeal by the appellant-accused who was convicted under Section 6 of the Protection of Children from Sexual Offences Act, 2012. The appellant had been granted bail by the High Court on January 12, 2018, after his appeal against conviction was admitted. However, during a hearing on July 7, 2023, the High Court cancelled the bail solely based on the appellant's advocate seeking an adjournment. The Supreme Court examined the High Court's decision and noted that the cancellation of bail without giving the appellant an opportunity to be heard was improper. The court emphasized that the Appellate Court has the discretion to refuse adjournments sought on unreasonable grounds but must ensure that the accused is heard before any bail cancellation. The Supreme Court quashed the High Court's order and restored the bail granted to the appellant, allowing the appeal. The court also clarified that if the appellant seeks adjournment on unreasonable grounds in the future, the High Court may take appropriate action as per established legal precedents.
Headnote
A) Criminal Procedure - Bail Cancellation - Right to be Heard - Code of Criminal Procedure, 1973, Section 389 - The High Court cancelled the appellant's bail without providing an opportunity for the appellant to be heard, which is contrary to the principles of natural justice. The court held that the bail cannot be cancelled without a reasonable opportunity for the accused to present their case (Paras 8-10).
Issue of Consideration
Whether the High Court erred in cancelling the appellant's bail without providing an opportunity to be heard.
Final Decision
The Supreme Court quashed the High Court's order cancelling bail and restored the earlier order granting bail to the appellant.
Law Points
- Bail cancellation
- Adjournment request
- Appellate Court discretion
- Right to be heard
- Suspension of sentence
