Cancellation of regular bail requires cautious judicial discretion and cannot be granted solely on the basis of a chapter case if the accused are regularly attending trial and have not breached any bail conditions.

JUDGMENT

RULE.

Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat. With the consent of learned advocates appearing for the respective parties, present application is taken up for final hearing today.

[1.0] By way of present revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short “CrPC”), the applicants have prayed for quashing and setting aside of the judgment and order dated 18.09.2019 rendered by the learned 4th Additional Sessions Judge, Bhavnagar in Criminal Misc. Application No.813/2019, whereby the regular bail granted to the applicants have been cancelled and time of 30 days was granted to all the applicants to surrender.

[2.0] Heard learned advocate Mr. D.B. Desai for the applicants and learned APP for respondent – State of Gujarat.

[3.0] It is the case of the applicants that an FIR being I-CR No.2/2018 registered with Shihor Police Station was filed against the present applicants for the offence punishable under Sections 326, 324, 323, 505 and 114 of the Indian Penal Code, 1860 (for short “IPC”) and section 135 of the Gujarat Police Act in connection with applicants were granted bail vide order dated 15.01.2018 passed by the learned Sessions Judge, Bhavnagar in Criminal Misc. Application No.125 of 2018. Pursuant thereto, the respondent No.2 – original complainant filed an application seeking cancellation of regular bail granted to accused Nos.1 and 4 which came to be allowed by the learned 4th Additional Sessions Judge, Bhavnagar vide the impugned order and regular bail granted to all the applicants came to be cancelled. Hence, present revision application is filed on the ground that till date no any offence is registered against the applicants and merely because chapter case is filed, bail of accused persons was cancelled.

[4.0] Perusing the record, it appears that at the time of admission of revision application, the coordinate Bench of this Court has been pleased to pass an order dated 17.10.2019 observing therein that application seeking cancellation of bail was filed against applicant Nos.1 and 4 only while vide the impugned order regular bail granted to all the applicants stood cancelled and hence, the revision application was admitted and time to surrender was extended from time to time.

[5.0] Upon inquiry, it is submitted by the learned advocate for the applicants that trial is in progress and all the applicants – accused are regularly attending the Court proceedings and neither any untoward incident nor any breach of bail condition till date has been initiated by the respondent – Authority. Mere filing of chapter case is not enough to cancel the bail. Considering the aforesaid fact, grant of bail and cancellation of bail, both operate in different fields and Court has to very cautiously exercise the discretion to recall and cancel the order of grant of bail.

[6.0] In view of above, present application is allowed. Impugned judgment and order dated 18.09.2019 passed by the learned 4th Additional Sessions Judge, Bhavnagar in Criminal Misc. Application No.813/2019 is hereby quashed and set aside. However, it is clarified that if breach of any of the bail condition is reported or noted then, it will be open for the respondent No.2 – original complainant / prosecution to file appropriate proceedings for cancellation of bail. Rule is made absolute accordingly.