Ms. P v. State of Madhya Pradesh, Criminal Appeal No. 740/2022

• The Apex Court cancelled the Bail of the Accused on the ground that firstly, the High Court has not assigned sufficient reasons for granti-ng the bail and Secondly, considering the subsequent conduct of the accused in posting the pictures showing the superior position and power wielded by the accused and his family in the society and its deleterious impact on the appellant/complainant, the Hon’ble Court deemed just and proper to cancel the bail of the Accused.
• It is no doubt true that the High Court or for that matter, the Sessions Court have a wide discretion in deciding an application for bail under Section 439 Cr.P.C. However, the said discretion must be exercised after due application of the judicial mind and not in a routine manner.
• It is true that bail once granted, ought not to be cancelled. In Dolat Ram And Others v. State of Haryana, (1995) 1 SCC 349 this Court has held that very cogent and overwhelming circumstances are necessary for cancellation of bail and bail once granted, should not be cancelled in a mechanical manner. It is equally true that an unjustified or perverse order of bail is vulnerable to interference by the superior Court. So is an order where irrelevant material has been taken into consideration.
• 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. To put it differently, in ordinary circumstances, this Court would be loath 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. Some of the circumstances where bail granted to the accused under Section 439 (1) of the Cr.P.C. can be cancelled are enumerated below: –

1. If he misuses his liberty by indulging in similar/other criminal activity;
2. If he interferes with the course of investigation;
3. If he attempts to tamper with the evidence;
4. If he attempts to influence/threaten the witnesses;
5. If he evades or attempts to evade court proceedings;
6. If he indulges in activities which would hamper smooth investigation;
7. If he is likely to flee from the country;
8. If he attempts to make himself scarce by going underground and/or becoming unavailable to the investigating agency;
9. If he attempts to place himself beyond the reach of his surety.
10. If any facts may emerge after the grant of bail which are considered unconducive to a fair trial.

We may clarify that the aforesaid list is only illustrative in nature and not exhaustive

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