Sunday, 29 July 2018

On what grounds session court and high court can cancel bail granted by trial court?

The High Court or the Sessions Court can cancel the bail even in cases where the order granting bail suffers from serious infirmities resulting in miscarriage of justice. If the court granting bail ignores relevant materials indicating prima facie involvement of the Accused or takes into account irrelevant material, which has no relevance to the question of grant of bail to the Accused, the High Court or the Sessions Court would be justified in cancelling the bail. Such orders are against the well-recognised principles underlying the power to grant bail. Such orders are legally infirm and vulnerable leading to miscarriage of justice and absence of supervening circumstances such as the propensity of the Accused to tamper with the evidence, to flee from justice, etc. would not deter the court from cancelling the bail. The High Court or the Sessions Court is bound to cancel such bail orders particularly when they are passed releasing the Accused involved in heinous crimes because they ultimately result in weakening the prosecution case and have adverse impact on the society. Needless to say that though the powers of this Court are much wider, this Court is equally guided by the above principles in the matter of grant or cancellation of bail.


Criminal Appeal No. 1938 of 2017.

Decided On: 14.11.2017

 Anil Kumar Yadav and Ors. Vs. State (NCT) of Delhi and Ors.

Hon'ble Judges/Coram:
Kurian Joseph and R. Banumathi, JJ.

Citation: (2018) 12 SCC129.
Read full judgment here: click here
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