Cancellation of bail. Unless supervening circumstances have rendered it no longer conducive to a fair trial, bail once granted cannot be cancelled. Cogent and overwhelming circumstances are necessary. Karnataka High Court.

Mohammed Imran vs State by Rural Police, Chintamani & others. Criminal Petition 5023/2020 decided on 10 November 2020.

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348579/1/CRLP5023-20-10-11-2020.pdf

Relevant Paragraphs: 9. What are the factors to be kept in mind while considering the bail application relating to heinous offences have been indicated by the Hon’ble Apex Court in the case of Prasanta Kumar Sarkar Vs. Ashis Chaterjee  &  another,  reported in (2010)14  SCC  496, by relying on its earlier decisions in the case of State of U.P. Vs. Amarmani Tripathi, reported in  (2005)8 SCC 21 and in the case of Ram Govind Upadhyay Vs. Sudarshan Singh reported  in  (2002)3 SCC 598. They are

(1) Whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;

(2) nature and gravity of the accusation;

(3) severity of the punishment in the event of conviction;

(4) danger of the accused absconding or fleeing, if released on bail;

(5) character, behaviour, means, position and standing of the accused;

(6) likelihood of the offence being repeated;

(7) reasonable apprehension of the witnesses being influenced; and

(8) danger,      of    course,      of    justice     being thwarted by grant of bail.

10. The Hon’ble Apex Court in the case of Dolat Ram & others Vs. State of Haryana, reported in (1995)1   SCC   349   has  discussed  in  detail  about  the cancellation of bail already granted. It is further observed that if already bail has been granted, it has to be considered and dealt with on different basis. It is further held that very cogent and overwhelming circumstances are necessary for directing the cancellation of bail already granted. This proposition of law has also been subsequently followed by the Hon’ble Apex Court in the case of Subhendu Mishra Vs. Subrat Kumar Mishra & another, reported in AIR  1999 SC 3026 and in the case of Samarendra Nath Bhattacharjee Vs. State of West Bengal & another, reported in AIR 2004 SC 4207.

12. The satisfaction of the court, on the basis of material placed on record and the possibility of the accused absconding is yet another reason justifying the cancellation of bail. However, bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial.

Compiled by S. Basavaraj, Advocate, Daksha Legal.