B. R. GAVAI, SANDEEP MEHTA
Himanshu Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
What are the circumstances under which bail can be cancelled? What is the proper procedure for cancelling bail granted by a Single Judge? What are the differences between considerations for granting bail and cancelling bail?
Key Points: - Under normal circumstances, an application for cancellation of bail filed on merits should be placed before the same Single Judge who granted bail (!) (!) . - The considerations for granting bail and cancelling bail are entirely different (!) (!) . - Bail can only be cancelled if the accused has misused liberty, flouted conditions, bail was granted in ignorance of statutory provisions, or bail was procured by misrepresentation or fraud (!) (!) . - Cancelling bail granted by another Single Judge by examining the merits of the allegations is uncalled for and amounts to judicial impropriety/indiscipline (!) (!) . - The cancellation of bail by a Single Judge who did not grant the original bail, by reviewing the merits, was grossly illegal and did not stand scrutiny (!) (!) . - The impugned orders cancelling bail were quashed and set aside (!) (!) . - The appellants were not apprehended at the time of FIR registration and were not named therein; they were implicated based on co-accused's confessional statements (!) (!) . - Charges had been framed, and the trial had commenced, with seven witnesses examined, indicating no requirement for further investigation (!) (!) . - The cancellation of bail orders was based on a misinterpretation of the ratio in Abdul Basit (supra) (!) (!) . - Appeals against the cancellation of bail orders were allowed (!) (!) .
ORDER
1. Leave granted.
2. The instant appeals are directed against the orders of even date, i.e. 12th December, 2023 passed by the learned Single Judge of High Court of Madhya Pradesh Bench at Gwalior in Miscellaneous Criminal Case Nos. 43154 of 2023 and 43149 of 2023, whereby the bail granted to the appellants was cancelled on applications filed by the State under Section 439(2) of Code of Criminal Procedure, 1973 (hereinafter being referred to as ‘Cr.P.C.’).
3. The appellants herein were arrested in connection with the FIR being Crime No. 21/2022 registered at P.S. Dinara District, Shivpuri for offences punishable under Sections 419, 420, 467, 468, 470 and 471 of the Indian Penal Code, 1960 (hereinafter being referred to as ‘IPC’) and Section 25/27 of the Arms Act.
4. Learned Single Judge sitting at Gwalior Bench of High Court of Madhya Pradesh accepted the bail applications being Miscellaneous Criminal Case Nos. 42299/2022 and 44360/2022 preferred by the appellants under Section 439 Cr.P.C. vide orders dated 8th September, 2022 and 14th November, 2022.
5. It may be stated here that the appellants herein were not apprehended at the time of registration of the FIR and were not named t
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