Section 439 CrPC – Perceived indiscretion cannot be used to deny bail- Supreme Court
The Supreme Court made the observation that cancellation of bail cannot be ordered for any apparent lack of discipline on the part of the accused.
Justices Dinesh Maheshwari and Sudhanshu Dhulia’s panel stated, “The powers of cancellation of bail cannot be addressed as if of disciplinary procedures against the accused.” The statement said, “Section 439(2) CrPC is contemplated only in such instances where the accused’s freedom will be in conflict with the needs of a fair trial of the criminal case.”
In this instance, the Madhya Pradesh High Court revoked a bail order given to an accused person on the grounds that the Trial Court had overlooked an important element when making the decision to grant release—namely, that the accused was fleeing and was only apprehended later. The deceased’s mother-in-law was accused of violating Sections 304B and 498A of the Indian Penal Code as well as Sections 3/4 of the Dowry Prohibition Act. The appeals court panel noted that the High Court had used its authority to cancel bail under Section 439(2) CrPC, not the authority of a routine appeal or revision.
“It is still common knowledge that in order to revoke a bail decision that has already been made, extremely compelling and compelling evidence must be presented. Ordinarily, an order granting bail is not to be lightly interfered with under Section 439(2) CrPC unless a solid case based on any supervening circumstance is convincingly out. … If the Trial Court determined that the accused was qualified for a concession of bail while being subjected to particular terms and conditions, the order it made would not have been invalidated if it had not been free of basic errors or other significant flaws “the court ruled.
The court further observed that there was no evidence presented to the High Court by the prosecution that the accused had abused her freedom or behaved in any way that was contrary to the restrictions placed on her.
Bhuri Bai
vs
State of Madhya Pradesh
