The High Court has inherent power under S. 561A of the Criminal Procedure Code to cancel bail granted to a convicted person under S. 426 in a proper case.

Judgment

RAMASWAMI, J. : The appellants-Pampapathy and Shekarappa were tried in the Court of Sessions at Chitradurga for offences under Ss. 147, 148, 307, 323, 302 read with S. 149 and S. 325 read with S. 149 of the Indian Penal Code and convicted of all the offences other than under S. 302 read with S. 149, Indian Penal Code.

2. The case of the prosecution was that the appellants, along with others, some of whom were dismissed, workers of Devangiri Cotton Mills and Shri Ganeshar Textiles Mills and some of whom were office bearers and members of the Devangiri Cotton Mills Employees Association and Shri Ganeshar Textiles Mills Workers Union, conspired with the common object of committing murder and other offences with a view to strengthen their Associations and to weaken the rival Unions which had the sympathy of the Mill Managements. It was alleged that they intended to create fear in the mind of the Management of the Mills in order to gain their object of getting more bonus and get the dismissed workers reinstated. It was stated that they formed themselves into an unlawful assembly, armed themselves with deadly weapons, and attacked the deceased Heggappa and other loyal workers on the night of March 19, 1984 causing the death of Heggappa and injuries to 4 persons. The Sessions Judge, by his judgment, dated December 7, 1964 convicted both the appellants for offences under Ss. 147, 148, 323, 324 and 325 read with S. 149, Indian Penal Code. The appellants preferred appeals to the Mysore High Court and on admission of the appeals they were directed to be released on bail. On March 7, 1966, the State made two applications under Ss. 498 (2) and 561A, Criminal Procedure Code for cancellation of the bail granted to the two appellants. In support of the two petitions an affidavit was filed by the Deputy Superintendent of Police, Devangiri Division-Sri K. Srinivasa Alwa stating that the two appellants were misusing their liberty ever since they were enlarged on bail by doing acts of violence, creating trouble by instigating the labour unions of Devangiri Cotton Mills and Shankara Textile Mills to paralyse the smooth working of the Mills. It was alleged that they had constituted themselves as ringleaders of the Employees Association and were engaged in taking part in unlawful assemblies at different times and committed offences against the peaceful workers of the Mill. The appellants filed a counteraffidavit denying that they were acting in a manner likely to cause breach of peace or endanger the lives of the workers. On March 14, 1966 the Mysore High Court allowed the applications of the State and ordered that the bail granted to the appellants should be cancelled and they should be re-arrested and committed to jail custody.

3. These appeals are brought by special leave, from the order of the Mysore High Court, dated March 14, 1966 in Criminal Petitions Nos. 120 and 123 of 1966.

4. The question of law arising for determination in these appeals is whether, in the case of a person convicted of a bailable offence where bail has been granted to him under S. 426 of the Criminal Procedure Code. it can he cancelled in a proper case by the High Court in exercise of its inherent power under S. 561A of the Criminal Procedure Code ?

5. It is necessary at the outset to reproduce the relevant provisions of the Criminal Procedure Code. Section 426 relates to the suspension of the sentence or order of the Final Court pending appeal and the release of the appellant on bail. The section reads as follows:-

"426. (1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also if he is in confinement, that he be released on bail or on his own bond.

(2) The power conferred by this section or an Appellate Court may be exercised also by the High Court in the case of and appeal by a convicted person to a Court subordinate t