Case Law Details
State of Madhya Pradesh Vs Sanjay Sharma (Madhya Pradesh HC)
HC held that for cancelling the bail once granted the Court must consider whether any supervening circumstances have arisen or at the stage of post-grant of bail the conduct of accused demonstrate that it is no longer conducive to a fair trial to permit him to retain his freedom by enjoying the concession of bail during the trial. The Supreme Court has summarized certain circumstances under which the bail can be cancelled. Paragraph No.24 of the judgment is reproduced hereinbelow:
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 the 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 irrelevant material, 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:-
a) If he misuses his liberty by indulging in similar/other criminal activity;
b) If he interferes with the course of investigation;
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