Cancellation Of Bail Cannot Be Limited To The Occurrence Of Supervening Circumstances

Case: Deepak Yadav vs State of UP

Coram: CJI NV Ramana, Justices Krishna Murari and Hima Kohli

Case No.: CrA 861 OF 2022

Court Observation: “There is prima facie need to indicate reasons particularly in cases of grant or denial of bail where the accused is charged with a serious offence. The sound reasoning in a particular case is a reassurance that discretion has been exercised by the decision maker after considering all the relevant grounds and by disregarding extraneous considerations.”

“This Court certainly has the inherent powers and discretion to cancel the bail of an accused even in the absence of supervening circumstances. Following are the illustrative circumstances where the bail can be cancelled :-

a) Where the court granting bail takes into account irrelevant material of substantial nature and not trivial nature while ignoring relevant material on record.
b) Where the court granting bail overlooks the influential position of the accused in comparison to the victim of abuse or the witnesses especially when there is prima facie misuse of position and power over the victim.
c) Where the past criminal record and conduct of the accused is completely ignored while granting bail.
d) Where bail has been granted on untenable grounds.
e) Where serious discrepancies are found in the order granting bail thereby causing prejudice to justice.
f) Where the grant of bail was not appropriate in the first place given the very serious nature of the charges against the accused which disentitles him for bail and thus cannot be justified.
g) When the order granting bail is apparently whimsical, capricious and perverse in the facts of the given case.”

Previous Posts

No Interference U/A 227 Unless Lower Court Committed Manifest Error Or Decision Is Against Settled Principles Of Law: Kerala High Court

High Court Has Absolute & Exclusive Disciplinary Control Over District Judiciary Under Article 235: J&K&L High Court

Writ Plea Alleging Violation Of Rights Conferred Under Industrial Settlement Maintainable U/Art 226 Only If Traceable To Common Law: Kerala High Court

Witness Saw Accused Near Deceased, Blood Stained Weapon Recovered: Gujarat High Court Accepts Circumstantial Evidence To Affirm Murder Conviction

Ad Hoc Appointments Can Be Made On Rotational Basis, Seniority Not A Criteria: Karnataka High Court

Beedi Rollers Are Workmen & Entitled To Compensation Under Workmen’s Compensation Act: Telangana High Court

Non-Filing Of Application U/S 8 Arbitration Act Before Civil Court Does Not Debar Party From Seeking Appointment Of Arbitrator: J&K&L High Court

‘Very Serious Allegations’: Kerala High Court Dismisses Plea Alleging Corruption In Judges To Secure Govt. Posts After Retirement

Can’t Refer Dispute To Arbitration Unless There Is A Clear, Unequivocal Denial Of A Right: Kerala High Court

Adjudicating Authority Cannot Substitute Any Commercial Term Of Resolution Plan Approved By Committee Of Creditors Download Judgement

Keywords

Cancellation Of Bail, Supervening Circumstances