2005 Supreme(Bom) 487

IN THE HIGH COURT OF BOMBAY
SARANG ARVIND GOSWAMY
Versus
STATE OF MAHARASHTRA
Decided On Date: 07/04/05

Headnote:Criminal Procedure Code, 1973 - Sections 167, 437 and 439 - Cancellation of bail - By Additional Sessions Judge - Reason for grant of bail - Subsequent to bail, further offence are added, invoking provisions MOCA Act against accused - Contention bail once granted could not be cancelled except on settled principles for grant of bail and that further C.R. under MCOC Act could not be ground for cancellation. - Held, decisions in 1977 Cri LJ 1461(All.) and 1988 All.L.J. 1360 are very close on the point in which cancellation of bail was considered on basis of other material subsequently found bail or where further offences were added to charges already filed. Allahabad High Court held that merely because other charges are added cannot be a ground for cancellation of bail, if there is no misuse or abuse of the bail terms already granted. In the instant case the contention that material for non grant of bail under MCOC Act was available to prosecution, yet suppressed therefore, bail should not be cancelled. - Held, it overlooks the fact that offences under MCOC Act which are added to C.R. were registered, but formal approval of the authorities under MCOC Act was not available by the time orders for bail were passed on 4-2-2005. Further one more offence on date 21-2-2005 was also registered and prosecution approached for cancellation of bail. Accordingly contention that additional grounds under MCOC Act which are more stringent than ordinary law when added to the charges cannot be ground for cancellation of bail cannot be accepted.

       Maharashtra Control of Organised Crimes Act, 1999 - Section 21 - Cancellation of bail. - Merely because other charges are added to charges already filed is no ground for cancellation of bail if there is no misuse or abuse of bail terms already granted. - Held, decisions in 1977 Cri LJ 1461 (All) and 1988 All LJ 1360 are nearest cases on the point in which cancellation of bail was considered on basis of other material discovered after bail further offences were added to charges already filed. It is held by Allahabad High Court that merely because other charges are added is no ground for cancellation of bail, if there is no misuse or abuse of the bail terms already granted. In the instant case contention that material for non-grant of bail under Act was available to prosecution but not produced, therefore, bail should not be cancelled. It overlooks the fact that offences under Act which are added to C.R. were registered, but formal approval of the authorities under Act was not available at the time when orders for bail were passed on 4.2.2005. Further one more offence was further registered and prosecution approached for cancellation of bail. Hence contention that additional grounds under Act which are more stringent than ordinary law when added to the charges cannot be a ground for cancellation of bail it cannot be accepted.

       Maharashtra Control of Organised Crimes Act, 1999 - Section 21 - Considerations for cancellation of bail. - Subsequent development can be considered by Court for cancellation of bail. - The application was taking exception to the order cancelling bail granted in favour of the accused applicant. The principal reason, for which bail granted in favour of the applicant has been cancelled at the instance of the prosecution, is that, subsequent to the order of bail, further offence has been added against the applicant invoking provision of special enactment namely Maharashtra Control of Organised Crime Act. It is contended that offence under provisions of MCOC Act is invoked mainly on the basis of the offences already registered against the applicant of which cognizance is taken by the Court of competent jurisdiction. Accordingly, as the MCOCA offence is founded on past criminal record of the applicant, that cannot be the basis to cancel the bail operating in favour of the applicant. The argument is devoid of substance. The applicant has been arrested in connection with the C.R., which was originally registered for offences under Indian Penal Code and Arms Act, which is the ordinary law. The applicant was ordered to be released on bail before filing of the charge-sheet and investigation was in progress. The order cancelling bail is therefore justified. 1995 Cri LJ 184, 1999 Cri LJ 4063, 1977 Cri LJ 1401, 1988 All LJ 1360, 1977 Cri LJ 1461, 1977 Cri LJ 104, AIR 1978 SC 961, (1978) 1 SCC 118, 1981 Cri LJ 1799, (1986) 4 SCC 481, 1987 All LJ 682, AIR 1951 Mad 1042, 1988 All LJ 1360, 1991 (1) Bom CR 32, 1 992 SCC (Cri) 870, 1995 Cri LJ 184, 1999 Cri LJ 4063 - Relied.