IMPORTANT POINT
Bail cancellation requires clear evidence of breach or supervening circumstances; implied conditions cannot justify cancellation.

JUDGMENT :

1. RULE returnable forthwith. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent – State.

2. The present Criminal Revision Application challenges the legality and validity of the order dated 14.08.2024 passed by the learned 2nd Additional District and Sessions Judge, Mehsana, Visnagar passed in Criminal Miscellaneous Application No.356 of 2024, which was preferred by the complainant under Section 439(2) of Code of Criminal Procedure, 1973 (hereinafter referred to in short as ‘Cr.P.C.’).

3. Heard learned Advocate for the applicant Mr. Maulik M. Soni, who submitted that the bail granted on 08.12.2022 by the learned Additional District and Sessions Judge, Mehsana, Visnagar came to be cancelled and the applicant was directed to surrender before the trial Court and the arrest warrant has been issued. It is further submitted the process of arrest warrant is still open as it has not been served on the applicant and in the meantime, the applicant has preferred the present Criminal Revision Application challenging the order of cancellation of bail.

4. It is further submitted that the bail which was granted was in connection with the First Information Report (FIR) registered with Satlasana Police Station as Part A C.R. No.11206062230328 of 2023 for the offences punishable under Sections 409, 419, 420, 465, 467, 471 and 474 of the Indian Penal Code (IPC). The FIR was registered on 02.08.2023. It is submitted that the conditions of bail did not include any condition of deposit of money. The applicant had volunteered by filing Pursis – Exhibit 7 in Criminal Miscellaneous Application No.786 of 2023 that he would be willing to deposit an amount of Rs.5,00,000/- at Jai Somnath Credit Society. It is also submitted that the said pursis was only recorded and no direction was given to the applicant to deposit any amount. Inspite of that, the learned 2nd Additional District and Sessions Judge, Mehsana, Visnagar passed an order in Criminal Miscellaneous Application No.356 of 2024 considering it as a breach of the Undertaking and cancelled the bail granted by the Court.

5. It is further submitted that the cancellation of bail should not be mechanically ordered when there is no such allegations of holding any threats to witness or making any attempt to tamper with evidence. It is further submitted that the learned Judge while granting the bail has observed about the Undertaking given by the applicant. The order of bail did not include the condition of deposit of any amount as per the Undertaking filed by the applicant. Hence, it is submitted that the same cannot be considered as breach of conditions.

6. On the other hand, learned Additional Public Prosecutor submitted that the Undertaking filed by the applicant has been observed in the order, which itself can be considered as implied condition for the revisionist to have followed the same and thus, the order passed by the learned Sessions Judge cancelling the bail granted to the applicant is just and consistent with the facts of the matter.

7. The object of bail has been laid down in case of Sanjay Chandra Vs. CBI, reported in (2012) 1 SCC 40, wherein in para-14, the Hon’ble Apex Court held as under :-

Para-14:- In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused per- son at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it can be required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty. From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity