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B. R. GAVAI, SANJAY KAROL, SANDEEP MEHTA
Krishna Sharma Alias Krishna Kumar Sharma – Appellant
Versus
State of West Bengal – Respondent
ORDER :
1. Leave granted.
2. The appellant challenges the order dated 06.09.2023, vide which the bail granted to the appellant earlier was cancelled.
3. Learned counsel appearing for the appellant submits that the appellant could not attend the Court on the said date as there was traffic jam due to VIP movements. He further submits that the lawyer of the appellant also could not remain present as his Vakalatnama was withdrawn on an earlier day.
4. Learned counsel for the respondent/State and the learned counsel for the complainant oppose the petition.
5. However, we find that merely because the appellant did not appear personally could not have been a ground for cancellation of bail. The parameters for grant of bail and cancellation of bail are totally different. The bail already granted may be cancelled, if it is found that the person who has been granted the benefit of bail has violated any of the conditions or misused the liberty by influencing the witnesses or tampering with the evidence.
6. Nothing of that sort is recorded in the impugned judgment. We therefore set aside the impugned order and allow this appeal. Pending application(s), if any, shall stand disposed of.
The cancellation of bail requires evidence of violation of conditions or misuse of liberty, not merely the absence of the accused in court.
The court established that failing to appear in court when granted bail violates bail conditions, leading to potential cancellation of bail.
Bail once granted should not be cancelled without cogent reasons, and the court must consider supervening circumstances carefully.
Bail cancellation requires clear evidence of breach or supervening circumstances; implied conditions cannot justify cancellation.
Bail once granted should not be cancelled without cogent reasons and must consider supervening circumstances.
The court emphasized that bail should not be cancelled in a mechanical manner without considering supervening circumstances that render it no longer conducive to a fair trial, and it should only be c....
Cancellation of bail must be made by giving notice to the accused and allowing him to be heard, as established by legal principles.
Cancellation of bail should be based on supervening circumstances not conducive to fair trial and should not be done without giving notice to the accused and affording them an opportunity of being he....
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