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R.B.MISRA, D.A.DESAI
Bhagirathsinh S/o Mahipat Singh Judeja – Appellant
Versus
State Of Gujarat – Respondent
Key Points: - Bail granted by Sessions Judge can be cancelled by High Court only under very cogent and overwhelming circumstances (!) . - High Court cannot interfere with discretionary bail orders unless there is a valid ground (!) . - The consideration for bail includes whether the accused would be readily available for trial and not likely to abuse the bail conditions (!) . - The High Court failed to address the relevant considerations for cancellation of bail in this case (!) . - The victim’s status and the location of the incident are not overriding factors to justify cancellation of bail (!) (!) (!) . - The appeal is allowed and the order of the High Court is set aside (!) . - Modified bail conditions are imposed, including two fresh bail bonds and monthly reporting (!) (!) (!) .
JUDGMENT
Special Leave granted.
2. Ordinarily this Court is not inclined to interfere with the orders either granting or refusing to grant bail to an accused person either facing a criminal trial or whose case after conviction is pending in appeal. However, this is not a case where bail is granted or refused but the order granting the bail by the learned Sessions Judge was set aside by the High Court adopting an approach which does not commend to us.
3. It is alleged that the appellant gave blows with a knife to one Popatlal Sorathia, who had come to visit an indoor patient Navalsinh Bhatti on August 11, 1983 around 9.45 A. M. Appellant was accosted by the policeman on duty. An offence under S. 307, I. P. C. was registered against him and the appellant was taken into custody and was subsequently remanded to judicial custody. An application for releasing him on bail was made on August 22, 1983 to the Chief Judicial Magistrate, Rajkot. The Chief Judicial Magistrate, Rajkot was pleased to dismiss the same by his order dated August 29, 1983.
4. On the same day, an application for releasing the appellant on bail was moved before the learned Sessions Judge. A notice was issued to the learn
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