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2024 Supreme(MP) 744

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Sanjay Dwivedi, J.
State Of Madhya Pradesh – Applicant
Versus
Rashid Khan @ Arif Khan – Respondent
M.Cr.C. No.29008 of 2024
Decided On : 29-08-2024

Advocates:
Advocate Appeared:
For the Applicant :Shri Puneet Shroti, Government Advocate

Cancellation of bail requires cogent evidence of supervening circumstances; mere subsequent charges do not automatically justify cancellation if they do not affect the original trial.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 439(2) - Bail cancellation - Application filed on ground of subsequent crime registration against respondent - Bail cannot be cancelled solely due to registration of new offense if it doesn't interfere with fair trial - Very cogent and overwhelming circumstances necessary for cancellation. (Paras 3, 10, 12)

(B) Legal principles regarding cancellation of bail - Distinction between initial rejection of bail and cancellation of previously granted bail; requires scrutiny of supervening circumstances and cannot be done mechanically. (Paras 8, 11)

(C) Previous case law referenced, including Dolat Ram and others Vs. State of Haryana [(1995) 1 SCC 349] establishing criteria for bail cancellation - Involvement in other crime alone insufficient ground; court must assess if it affects trial conduct. (Paras 4, 10, 12)

Facts of the case:
The application for bail cancellation arose after the respondent, who was previously granted bail, was implicated in a new crime while on bail, raising concern about misuse of liberty. Court held that previous bail could not be cancelled without cogent evidence indicating supervening circumstances affecting a fair trial.

Findings of Court:
The court found that the allegations of the new crime did not substantively affect the fair trial of the original case and the bail order was unfairly cancelled.

Issues: Whether subsequent involvement in a new crime constitutes a sufficient basis for cancelling an already granted bail if it does not impact the trial of the original case.

Ratio Decidendi: The court ruled that the mere act of being registered in a new crime does not warrant the mechanical cancellation of bail; coherence between the nature of the alleged crime and its effect on the earlier trial is critical.

Result: Application for bail cancellation rejected.

Judgement Key Points

Certainly. Based on the provided legal document, the key legal principles regarding the cancellation of bail are as follows:

  1. Supervening Circumstances: Cancellation of bail requires cogent and overwhelming supervening circumstances. A mere registration of a subsequent crime against the accused does not automatically justify bail cancellation unless it significantly affects the conduct of a fair trial or indicates misuse of liberty (!) (!) (!) (!) (!) .

  2. Distinction Between Initial Rejection and Cancellation of Bail: The legal standards for rejecting bail at the initial stage differ from those for cancelling an already granted bail. Cancellation must be based on a careful assessment of supervening circumstances and cannot be done mechanically (!) (!) (!) .

  3. Assessment of Interference with Trial: The court must evaluate whether the subsequent involvement in a new crime interferes with the fair conduct of the trial of the original case. If the new allegations do not impact the trial proceedings or the administration of justice, bail should not be cancelled solely on that basis (!) (!) (!) .

  4. Nature of the Crime and Its Effect: The nature and gravity of the subsequent crime are relevant. The court should consider whether the new offence indicates misuse of liberty, attempts to influence witnesses, or other conduct that hampers justice. However, involvement in subsequent crimes alone is not sufficient unless it affects the trial or indicates a pattern of misconduct (!) (!) .

  5. Procedural Due Process: Before cancelling bail, courts are required to conduct a summary enquiry, reviewing records and allegations, and providing an opportunity for the accused to be heard. The decision should be reasoned, and mechanical cancellation without proper scrutiny is not permissible (!) (!) (!) .

  6. Bail as a Rule and Jail as an Exception: The fundamental principle is that bail is the rule, and detention is the exception. Therefore, very strong and clear reasons are necessary to deprive an accused of liberty once bail has been granted (!) (!) (!) .

  7. Misuse of Liberty and Conditions of Bail: Violation of bail conditions, such as involvement in another crime, may be a ground for cancellation if it demonstrates misuse of liberty or interference with justice. Nonetheless, each case must be scrutinized individually to determine whether the involvement in a subsequent crime constitutes a supervening circumstance warranting cancellation (!) (!) (!) .

  8. Time Gap and Pattern of Crime: The time elapsed between the original offence and the subsequent involvement is relevant. A significant gap may suggest that involvement in a subsequent crime does not automatically impact the original trial or justify bail cancellation unless linked to conduct affecting justice (!) (!) .

  9. Judicial Discretion and Mechanical Orders: Courts must exercise their discretion judiciously, and bail should not be cancelled in a mechanical manner. Proper reasoning and consideration of all relevant factors, including the nature of the offences and the conduct of the accused, are essential (!) (!) (!) .

  10. Preventive Measures: The legal provisions for preventive detention are separate, and the power to cancel bail does not substitute for statutory preventive detention laws. If there is a concern about repeated offences or misuse of liberty, appropriate statutory procedures should be followed (!) (!) .

In summary, the cancellation of bail is a serious judicial act that requires compelling reasons, a thorough assessment of circumstances, and adherence to procedural fairness. It cannot be based solely on the registration of a new crime or the involvement in subsequent offences without demonstrating that such involvement adversely impacts the trial process or indicates misuse of liberty.


Table of Content
1. basis for bail cancellation needs to be significant and substantiated. (Para 1 , 2)
2. subsequent crime registration cannot automatically justify bail cancellation. (Para 3 , 4 , 5)
3. court must assess if new allegations interfere with justice. (Para 6 , 7)

ORDER :

Sanjay Dwivedi, J.

This application under Section 4 39(2) of the Code of Criminal Procedure, has been filed for cancellation of bail granted to the respondent vide order dated 11.02.2022 in M.Cr.C. No.5018 of 2022 in relation to Crime No.515/2021 in which offence under Sections 3 54 , 376(3) of INDIAN PENAL CODE , Sections 3 /4, 7/8 of the Protection of Children from Sexual Offences Act and Sections 3 (1)(w)(i), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, was registered at Police Station- Churhat, District- Sidhi.

2. This application for cancellation of bail has been filed mainly on the ground that against the respondent, after granting bail by this Court in the aforesaid offence, another crime has been registered vide Crime No.99/2023 for offence under Sections 294, 323, 506, 34 of INDIAN PENAL CODE , and as such, misusing the liberty granted by the Court, he has violated the terms and conditions mentioned under Section 437(3) of Cr.P.C.

3. However, I am not convinced with the grounds raised in this application and in fact, the bail granted to the respondent in M.Cr.C. No.5018 of 2022 cannot be cancelled only because vide Crime No.99/2023, an offence has been registered against him subsequently. The Supreme Court in the case of Dolat Ram & Others Vs. State of Haryana reported in (1995) 1 SCC 349 , considering the aspect as to under what circumstances, the bail granted in a non-bailable offence, can be cancelled by the Court has observed as under:-

4. Rejection of bail in a non-bailable case at the initial stage and the cancellation of bail so granted, have to be considered and dealt with on different basis. Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail, already granted. Generally speaking, the grounds for cancellation of bail, broadly (illustrative and not exhaustive) are: interference or attempt to interfere with the due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner. The satisfaction of the court, on the basis of material placed on the record of the possibility of the accused absconding is yet another reason justifying the cancellation of bail. However, bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial. These principles, it appears, were lost sight of by the High Court when it decided to cancel the bail, already granted. The High Court it appears to us overlooked the distinction of the factors relevant for rejecting bail in a non-bailable case in the first instance and the cancellation of bail already granted.”

In view of the aforesaid enunciation of law, it is clear that mere registration of offence against the respondent to whom bail was granted by the Court, cannot be made the sole ground for cancellation of bail.

4. Similarly, in a case of Rajiya Vs. State of Haryana in CRM-M- 35903-2023 decided by the High Court of Punjab and Haryana at Chandigarh, the said Court considering various judgments of Supreme Court and also of different High Courts has observed as to what should be the yardstick and criteria for cancellation of bail. It is observed by the Court that merely because after granting bail, a crime has been registered against a person to whom bail was granted and if there was no any such condition imposed while granting him bail, then that cannot be the sole ground for cancelling the bail. Relying upon several ju

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