Saturday 25 May 2024

Supreme Court: Factors which Appellate court should consider for setting aside bail order

 Bail can also be revoked by a superior Court if it transpires that the courts below have ignored the relevant material available on record or not looked into the gravity of the offence or the impact on the society resulting in such an order. In P v. State of Madhya Pradesh and Another(supra) decided by a three judges bench of this Court [authored by one of us (Hima Kohli, J.)] has spelt out the considerations that must weigh with the Court for interfering in an order granting bail to an Accused Under Section 439(1) of the Code of Criminal Procedure in the following words:

24. As can be discerned from the above decisions, for cancelling bail once granted, the court must consider whether any supervening circumstances have arisen or the conduct of the Accused post grant of bail demonstrates that it is no longer conducive to a fair trial to permit him to retain his freedom by enjoying the concession of bail during trial [Dolat Ram v. State of Haryana,   MANU/SC/0547/1995 : (1995) 1 SCC 349: 1995 SCC (Cri) 237]. To put it differently, in ordinary circumstances, this Court would be loathe to interfere with an order passed by the court below granting bail but if such an order is found to be illegal or perverse or premised on material that is irrelevant, then such an order is susceptible to scrutiny and interference by the appellate court.


28. The considerations that weigh with the appellate Court for setting aside the bail order on an application being moved by the aggrieved party include any supervening circumstances that may have occurred after granting relief to the Accused, the conduct of the Accused while on bail, any attempt on the part of the Accused to procrastinate, resulting in delaying the trial, any instance of threats being extended to the witnesses while on bail, any attempt on the part of the Accused to tamper with the evidence in any manner.  


Criminal Appeal No. 2639 of 2024 

Decided On: 17.05.2024

Ajwar Vs. Waseem and Ors.

Author: Hima Kohli, J.

Citation:  MANU/SC/0462/2024.

Read full Judgment here: Click here.

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