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SUPREME COURT OF INDIA
J.K. MAHESHWARI, ATUL S. CHANDURKAR, JJ.
Narayan – Appellant
Versus
The State of Madhya Pradesh – Respondent
Criminal Appeal No. 2179 of 2026 (Arising out of SLP (Crl.) No. 7011 of 2026)
Decided On : 22-04-2026
Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 480(3) – M.P. Excise Act, 1915 – Section 34(2) – Bail – Cancellation of – If a person accused or suspected of commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter VII or Chapter XVII of BNSS or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail, in that situation, Court may be in a position to impose conditions as specified therein – In facts of present case, since punishment for subsequent offence is less than five years, conditions as stipulated in Section 480(3) BNSS are not imposable – Cancellation of bail on account of involvement in subsequent offence solely based on Section 34(2) of M.P. Excise Act, 1915, is not justified – Order impugned passed by High Court set aside – Appeal allowed. (Paras 5 and 6)
Facts of the case:
Being aggrieved of order passed by High Court of cancellation of bail on account of involvement of appellant in repeated offence under M. P. Excise Act, 1915, present appeal has been filed.
Findings of Court:
Accused shall not indulge in any other activity of criminal nature. If he is found involved in respect to provisions of Section 480(3) BNSS or otherwise State is at liberty to apply for cancellation of bail.
Result : Appeal allowed.
ORDER
1) Leave granted.
2) Being aggrieved of the order [Order dated 11.03.2026 in Misc. Criminal Case No. 28857 of 2025] passed by the High Court [High Court of Madhya Pradesh at Indore] of cancellation of bail on account of involvement of the appellant in repeated offence under the M. P. Excise Act, 1915, the present appeal has been filed.
3) The High Court, vide the impugned order, has cancelled the bail granted to the appellant-accused in M.Cr.C. No. 49016/2024 on 20.11.2024 in connection with Crime No. 388 of 2024 registered at Police Station Kannod, District Dewas, for the offence punishable under Section 34(2) of the M.P. Excise Act, 1915, on an application filed by the State under Section 439(2) Cr.P.C. [Code of Criminal Procedure, 1973] / 483(2) BNSS [Bharatiya Nagarik Suraksha Sanhita, 2023], 2023.
4) After hearing learned counsel for the parties, by consent, we are inclined to dispose of this appeal at the initial stage itself, by consent of the counsel appearing for the parties.
5) Having considered the provisions as contained in Section 480(3) BNSS, it is clear that if a person accused or suspected of commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter VII or Chapter XVII of the BNSS or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail, in that situation, the Court may be in a position to impose conditions as specified therein. In the facts of the present case, since the punishment for subsequent offence is less than five years, the conditions as stipulated in Section 480(3) BNSS are not imposable. Therefore, at present, cancellation of bail on account of involvement in the subsequent offence solely based on Section 34(2) of the M.P. Excise Act, 1915, is not justified.
6) In this view of the matter, we are inclined to set aside the order impugned passed by the High Court and allow this appeal.
7) However, we make it clear that the accused shall not indulge in any other activity of criminal nature. If he is found involved in respect to the provisions of Section 480(3) BNSS or otherwise the State is at liberty to apply for cancellation of bail.
8) Pending application(s), if any, shall stand disposed of.
Bail – Where punishment for subsequent offence is less than five years, conditions as stipulated in Section 480(3) BNSS are not imposable.
Bail cancellation for subsequent offence punishable with less than five years' imprisonment not justified, as conditions under Section 480(3) BNSS inapplicable.
Point of law : Hon'ble Apex Court has adverted to all the past precedents and has encapsulated the circumstances under which bail granted to the accused under S.439 (1) of the Cr. P. C. can be revoke....
Bail can be granted keeping in view maximum sentence prescribed and period of custody undergone by accused.
Bail conditions must be adhered to, and violation justifies cancellation.
Violation of bail conditions, misuse of liberty, and involvement in criminal activities during the bail period are grounds for cancellation of bail, as per Section 439(2) of Cr.P.C.
Involvement in similar criminal activity is a reasonable ground for canceling bail, reinforcing the need for compliance with bail conditions.
Violation of bail conditions, especially through further criminal activity, justifies cancellation of bail under Section 439(2) of the Cr.P.C.
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