Section 439(2) CrPC - Bail Cannot Be Cancelled Merely For Any Perceived Indiscipline By Accused Before Granting Bail : Supreme Court
2 years, 1 month ago

Section 439(2) CrPC - Bail Cannot Be Cancelled Merely For Any Perceived Indiscipline By Accused Before Granting Bail : Supreme Court

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The Supreme Court observed that cancellation of bail cannot be ordered merely for any perceived indiscipline on the part of the accused before granting bail. Ordinarily, unless a strong case based on any supervening event is made out, an order granting bail is not to be lightly interfered with under Section 439 CrPC.If the Trial Court was satisfied that the accused was entitled to be given the concession of bail while putting her to specific terms and conditions, the order so passed had neither been suffering from any fundamental error nor there was any other material factor for which the bail granted to the appellant was to be annulled", the court said. In other words, the powers of cancellation of bail cannot be approached as if of disciplinary proceedings against the accused and in fact, in a case where bail has already been granted, its upsetting under Section 439 CrPC is envisaged only in such cases where the liberty of the accused is going to be counteracting the requirements of a proper trial of the criminal case. Headnotes Code of Criminal Procedure, 1973 ; Section 439 - Cancellation of bail cannot be ordered merely for any perceived indiscipline on the part of the accused before granting bai - The powers of cancellation of bail cannot be approached as if of disciplinary proceedings against the accused - In a case where bail has already been granted, its upsetting under Section 439 CrPC is envisaged only in such cases where the liberty of the accused is going to be counteracting the requirements of a proper trial of the criminal case - Unless a strong case based on any supervening event is made out, an order granting bail is not to be lightly interfered.

History of this topic

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest
1 day, 20 hours ago
District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
2 days, 16 hours ago
Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court
6 days, 12 hours ago
Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges
1 week ago
Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
2 weeks, 5 days ago
Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
3 weeks ago
UAPA | Supreme Court Refuses To Cancel Bail Of Man Booked Over Alleged ISIS Links, Expunges Madras HC's Remarks
3 weeks, 4 days ago
Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court
3 weeks, 5 days ago
'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
4 weeks ago
Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC
1 month ago
High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
2 months ago
Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody
3 months, 1 week ago
Court Can't Postpone Implementation Of Bail Order After Finding Accused Entitled To Bail: Supreme Court
3 months, 2 weeks ago
'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order
3 months, 4 weeks ago
Supreme Court Grants Bail To School Authorities Arrested By MP Police Over Alleged Illegal Fee Hike & Book Sales
4 months ago
Automatic Cancellation Of Bail Order Without Hearing Accused Is Violative Of Natural Justice Principles, Fundamental Rights: Madhya Pradesh HC
4 months, 1 week ago
Supreme Court says 'bail, not jail' is the rule even in special law cases like UAPA
4 months, 1 week ago
Ruling on Sisodia calls for judicial reforms in bail process
4 months, 2 weeks ago
Supreme Court verdict on Manish Sisodia revives ‘bail, not jail, is the rule’ adage
4 months, 2 weeks ago
Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
4 months, 3 weeks ago
Bail Order Shouldn't Be Normally Stayed During Pendency Of Application To Cancel Bail : Supreme Court
5 months ago
Supreme Court says an order granting bail can be put on hold only in exceptional cases
5 months ago
Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court
5 months, 1 week ago
In HC, Kejriwal opposes ED’s plea against his bail in excise case
5 months, 2 weeks ago
Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC
5 months, 2 weeks ago
'Absurd, Impossible' : Supreme Court On HC's Condition That Accused Will Get Bail Only If Victim Stands As Surety
5 months, 3 weeks ago
Co-Accused Can't Claim Parity As Matter Of Right Just Because Other Accused Has Illegally Obtained Bail By Concealing Material Fact: Rajasthan HC
6 months, 3 weeks ago
Bail Once Granted To Accused Can't Be Cancelled Unless He Violates Bail Conditions Or Impedes Fair Trial: Jharkhand High Court
6 months, 3 weeks ago
Get bail cancelled if conditions violated: DGP to all investigating officers in T.N.
7 months, 1 week ago
Stricter Approach Will Be Taken Regarding Bail In Custodial Death Cases Where Police Officers Are Accused : Supreme Court
8 months, 3 weeks ago
Can A Politician Out On Bail Take Part In Political Activities? Here's What Supreme Court Said
8 months, 3 weeks ago
Supreme Court puts ED ‘on notice’ for keeping accused in custody without trial
9 months ago
Justice Ramkumar Reviews India's Latest Criminal Justice Law
9 months, 1 week ago
Accused should get reasonable chance to fulfil bail conditions: Orissa HC
10 months ago
Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
10 months, 3 weeks ago
Absence Of The Accused Is Not Sufficient Reason To Revoke Bail
10 months, 3 weeks ago
SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
10 months, 3 weeks ago
Supreme Court Deprecates HC Order Granting Anticipatory Bail To Accused For Offering Compensation To Sexual Harassment Victim
11 months ago
No Apprehension Of Arrest, 41A CrPC Notice Issued: Madhya Pradesh High Court Denies Anticipatory Bail, Directs Cooperation In Investigation
1 year ago
Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC
1 year ago
Unlawful Activities (Prevention) Act permits grant of bail to even foreign nationals in exceptional circumstances, says Madras High Court
1 year ago
Mere Membership Of A Banned Organization Doesn't Justify Bail Rejection When Trial Is Anticipated To Prolong: Patna HC
1 year ago
Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023
1 year ago
Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case
1 year ago
Bail To Accused Shouldn't Be Cancelled Based On Plea That He Is Threatening Informant After Release: Allahabad High Court
1 year, 1 month ago
Section 362 CrPC Bar Not Applicable To Bail Orders : Supreme Court
1 year, 1 month ago
Trial Court Can't Grant Bail U/S 389 CrPC To Convicts After District Appellate Court Confirms Conviction, Sentence: Patna High Court
1 year, 2 months ago
‘Working Out To End This’: Gujarat HC CJ Bats Discontinuing Practice In HC Of Issuing ‘Rule' & Hearing Bail Matters 2-3 Weeks Thereafter
1 year, 2 months ago
Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court
1 year, 3 months ago
[NDPS Act] Merely Filing FSL Report With Chargesheet Not Ground To Cancel Default Bail, Special Reasons Must Be Shown: Punjab & Haryana HC
1 year, 3 months ago

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