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2014 Supreme(SC) 347

P. SATHASIVAM, RANJAN GOGOI, N. V. RAMANA
State of Maharashtra – Appellant
Versus
Pappu @ Suresh Budharmal Kalani – Respondent


Judgement Key Points

Certainly. When an accused breaches the conditions of bail granted by the High Court, the trial court or the court that originally granted the bail has the authority to cancel or revoke the bail. The legal principle underlying this is that bail is a privilege granted on certain conditions, and breach of these conditions can justify its revocation. The courts have consistently held that the breach of bail conditions undermines the purpose of bail and jeopardizes the administration of justice, thereby empowering the court to cancel or revoke bail to prevent misuse or abuse of the liberty granted.

The legal reasoning is based on the principle that bail is not an absolute right but a conditional privilege, and the court can revoke it if the conditions are violated. The decision to cancel bail is typically made to ensure compliance with the court's orders, maintain law and order, and uphold the integrity of the judicial process.

This principle is reinforced by the understanding that the court's primary concern is to prevent the accused from absconding, tampering with evidence, or committing further offenses, which can be demonstrated by breach of bail conditions. Therefore, courts have the inherent power to revoke bail when conditions are breached, regardless of whether the original grant was by a High Court or a lower court.

In summary, breach of bail conditions granted by the High Court provides a valid ground for the trial court or the original granting court to cancel or revoke the bail, rooted in the fundamental legal principles governing bail and judicial authority.


JUDGMENT

N.V. Ramana, J. –

1. Leave granted.

2. This appeal is filed by the State of Maharashtra against the order passed by the High Court of Judicature at Bombay on 7th March, 2014 in Criminal Application No. 1788 of 2013 in Criminal Appeal No. 1309 of 2013 whereby the High Court granted bail to the sole respondent.

3. The respondent was accused in Crime No. 89 of 1990 of the Vitthalwada Police Station, Thane registered under Section 120(B) read with Section 302, IPC on the allegation of hatching criminal conspiracy in the killing of the deceased Inder Bhatija. After completion of investigation, charge sheet was filed against the respondent-accused and the trial Court by order dated 29th November, 2013 convicted and sentenced him to undergo life imprisonment and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for six months.

4. Aggrieved by the conviction and sentence passed by the trial Court, the respondent-accused preferred Criminal Appeal No. 1309 of 2013 before the High Court. Considering his Criminal Application No. 1788 of 2013, the High Court enlarged him on bail by the order dated 7th March, 2014 which is impugned herein. Against the said order, the St













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