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PANCHAPAKESA AYYAR
Public Prosecutor, Madras – Appellant
Versus
George Williams alias Victor – Respondent
What is the power of the High Court to cancel bail granted during pendency of appeal under sections 497(5) and 561-A CPC? What criteria justify cancelling bail and re-arresting an accused who on bail commits similar offences during the bail period? What is the applicability of Privy Council decisions (e.g., Jairam Das v. Emperor) to the authority to cancel bail in cases of pending appeals?
Key Points: - The High Court held it has inherent and statutory power to cancel bail granted during pendency of appeal under section 497(5) read with section 561-A CPC (!) . - The Court enumerated five circumstances under which bail may be cancelled and the accused re-arrested, including committing the same offence while on bail (!) . - The decision rejects a narrow reading of Privy Council precedent to exclude cancellation power, affirming that powers under section 497(5) (and analogously to 426) allow cancellation where abuse of bail occurs (!) (!) . - The facts showed the accused on bail committed a similar offence, leading to cancellation and remand (!) . - The Court emphasizes safeguarding ends of justice and preventing abuse of the bail process; confirms ability to arrest without court permission for re-arrest in appropriate cases (!) . - The bail granted in the 1950 petition was cancelled; the accused was directed to be re-arrested and committed to custody (!) . - The decision discusses the interplay between sections 426, 497(5), and 561-A in bail-related cases during appeals (!) (!) . - The Privy Council’s remarks were distinguished and not controlling for bail-cancellation during pendency of appeal in this context (!) (!) (!) . - The judgment treats bail as a form of mainprize requiring custody control by sureties; Court may intervene if conduct undermines that control (!) . - The opinion notes police powers to arrest for abuse of bail without court permission in appropriate circumstances (!) .
The learned Public Prosecutor has put in this petition under sections 497(5) and 561-A, Criminal Procedure Code, for cancelling the bail granted by me on 16th May, 1950, to one George Williams alias Victor, in Criminal Miscellaneous Petition No. 1076 of 1950 on the file of this Court in Criminal Appeal No. 387 of 1950, on the ground that he has misconducted himself and rendered himself liable to re-arrest and committal to custody by abusing his release on bail by indulging in the same kind of offence during the period of bail. This person had been convicted in Sessions Case No. 67 of 1949, by the learned Sessions Judge of Tirunelveli Division, under section 120-B of the Indian Penal Code read with section 420, Indian Penal Code, for having conspired with twenty-three other accused to cheat members of the public by promising to give them two counterfeit five rupee notes for one genuine five-rupee note. Of course the genuine notes were taken and the others not given! This accused was held to be the prime mover and ring-leader in this huge conspiracy and was sentenced to undergo four years’ rigorous imprisonment and also to pay a fine of Rs. 1,500, or, in default, to undergo fu
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