Introduction
In Himanshu Sharma v. State of Madhya Pradesh (2024 Latest Caselaw 104 SC), the Supreme Court reiterated that the principles governing the grant of bail and the cancellation of bail are entirely different. The Court held that once bail has been granted, it cannot be cancelled merely by re-evaluating the merits of the case unless there are supervening circumstances such as misuse of liberty, violation of bail conditions or fraud in obtaining bail.
Facts of the Case
The appellants were accused of offences relating to cheating, forgery and offences under the Arms Act. They were not named in the FIR and were implicated only on the basis of the confessional statements of co-accused persons. After the filing of the chargesheet, the High Court granted them regular bail. Subsequently, the State filed applications under Section 439(2) of the Code of Criminal Procedure seeking cancellation of the bail. Another Single Judge of the High Court allowed the applications, cancelled the bail and directed the appellants to surrender, observing that the allegations had wider implications relating to national security and cybercrime. The appellants challenged the cancellation of bail before the Supreme Court.
Issue Before the Supreme Court
The principal issue was whether the High Court was justified in cancelling the bail by re-examining the merits of the case in the absence of any misuse of liberty or other valid grounds for cancellation.
Supreme Court's Findings
The Supreme Court held that the High Court had committed a serious error in cancelling the bail. The Court observed that: •The principles governing the grant of bail are different from those governing its cancellation.
•Bail can ordinarily be cancelled only if the accused misuses the liberty granted, violates the conditions of bail, interferes with the investigation or trial, tampers with evidence, threatens witnesses or obtains bail through fraud or misrepresentation. •None of these circumstances existed in the present case.
•The High Court had effectively reviewed the earlier bail orders passed by a coordinate Bench by reassessing the merits of the prosecution case, which amounted to judicial impropriety.
•Since the chargesheet had already been filed and the trial had commenced, the observation that the accused were required for further investigation was factually incorrect. The Supreme Court also observed that applications seeking cancellation of bail on merits should ordinarily be placed before the same Judge who had granted bail, unless exceptional circumstances exist.
Final Decision
The Supreme Court allowed the appeals and: •Set aside the High Court's orders cancelling the bail.
•Restored the bail granted to the appellants.
•Held that the cancellation of bail was legally unsustainable in the absence of any supervening circumstances.
Significance of the Judgment
The judgment reaffirms the settled principle that cancellation of bail is an exceptional remedy and cannot be used as a means to reconsider the merits of a bail order. It emphasises that once an accused has been granted bail, the liberty so granted cannot be withdrawn unless there is clear evidence of misuse, violation of bail conditions, fraud or other supervening circumstances. The decision also underscores the importance of judicial discipline by discouraging coordinate Benches from effectively reviewing each other's bail orders.