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VIKRAM NATH, SANDEEP MEHTA
Shobha Namdev Sonavane – Appellant
Versus
Samadhan Bajirao Sonvane – Respondent
Ratio Decidendi:
There is a clear distinction between cancellation of bail under Section 439(2) Cr.P.C. (corresponding to Section 483(3) BNSS) and reversal of an order granting bail by a superior court. (!) (!)
Cancellation of bail is to be resorted to only where the accused misuses the liberty of bail or tampers with evidence. (!) (!) (!)
A superior court may interfere with and reverse an order granting bail by considering the nature and gravity of the offences, where the bail order ignores relevant material on record or is based on extraneous considerations. (!) (!) (!)
Where accused form an unlawful assembly with a common object to assault and kill the victim (invoking Sections 143, 147, 148, 149 IPC), each member is equally responsible for acts in furtherance of the common object, without need to prove specific individual roles for bail purposes. (!) (!) (!)
Prior litigation between parties, treated by a court as a ground for granting bail, can instead indicate motive for the assault by accused. (!)
In grave offences like murder (Section 302 IPC) combined with SC/ST (Prevention of Atrocities) Act violations, bail grant ignoring multiple injuries, concerted attack, and caste-based insults is liable to be set aside. (!) (!) (!) [p_50-60] (!)
JUDGMENT :
Sandeep Mehta, J.
1. Heard.
2. Leave granted.
3. The original complainant, Shobha Namdev Sonavane1[Hereinafter, referred to as ‘complainant/appellant’], is before us for assailing the order dated 1st March, 2023, passed by the High Court of Judicature at Bombay, Bench at Aurangabad2[Hereinafter, referred to as the “High Court”.] in Criminal Appeal No. 132 of 2023, whereby respondent Nos. 1 & 2 were granted bail in connection with Crime No. 322 of 2022 registered with Kopargaon Taluka Police Station, Dist. Ahmednagar, for the offences punishable under Sections 302, 354, 294, 326, 324, 323, 504, 506, 509, 143, 144, 147, 148, 149, 427 of Indian Penal Code, 18603[Hereinafter, referred to as the “I.P.C.”.] and under Sections 3(1)(r), 3(1)(s), 3(2)(5), 3(2)(v-a), 3(1)(w), 3(1)(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 4[Hereinafter, referred to as the “SC/ST Act”.]
4. Briefly stated, facts relevant and essential for disposal of the appeal are noted hereinbelow.
I. BRIEF FACTS
5. The appellant lodged a complaint at P.S. Kopargaon Taluka on 19th August, 2022 alleging inter alia that a prior civil dispute existed between the complainant’s fami
Cancellation of bail – There is clear distinction between cancellation of bail on the considerations provided under Section 439(2) Cr.P.C. and reversal of order of bail by superior Court.
(1) Application for cancellation of bail stands on a different footing than challenging order passed by High Court/Appellate Court releasing accused on bail.(2) Bail cannot be granted without looking....
(1) Grant of bail – Cancellation of bail on the ground of violation of Section 15A(5) of SC/ST Act, 1989 is justified only in cases where no notice of bail proceedings was served upon victim, victim ....
(1) Bail – For grant or denial of bail, nature of crime has huge relevancy – Importance of assigning reasoning for grant or denial of bail can never be undermined.(2) Cancellation of bail – Bail once....
The court emphasized the principle of parity in bail applications, allowing bail when co-accused with similar roles have been granted bail, highlighting the absence of evidence suggesting tampering.
(1) Judicial discretion in granting or refusing bail, as in case of any other discretion which is vested in a court as a judicial institution, is not unstructured.(2) Parity while granting bail must ....
(1) Victim’s right to appeal – Right of a victim under amended Cr.P.C. are substantive, enforceable, and are another facet of human rights – These rights are totally independent, incomparable, and ar....
(1) Once bail has been granted it would require overwhelming circumstances for its cancellation.(2) Bail can be revoked by a superior court when previous court granting bail has ignored relevant mate....
Point of law : Even if the bare reading of the FIR/ complaint indicates that prima facie provisions of the Act are not found to be attracted, then harmonious construction of Section 438 of the Code o....
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