Shri Krishna Sharma V. State of West Bengal, 2024

Shri Krishna Sharma V. State of West Bengal, 2024:

Bail cannot be cancelled merely due to non-appearance of accused before the Court

Background:

Bail under Section 436 of the CrPC 1973, is a very important provision under Article 21 “Right to life and Liberty” according to our Constitution. The Supreme Court said that not granting Bail is also a violation of right to life and liberty of a person. Similarly if bail is granted once Court cannot cancelled the bail without any proper reason. There is some conditions by which bail is granted to a person, i.e., surrender of passport, not to violate any law, not to involve any offence, not to disturb victim, not to suppress or influence the witnesses relating to the case etc. If any of these conditions are violated the bail will be
cancelled by the Court.

Facts of the Case:

The petitioner of this matter, got his bail in a matter from the High Court of Kolkata. After granting the bail the accused was called to appear before the Court, but due to the huge traffic, the accused was unable to appear before the Ld. Court on time. The High Court of Kolkata cancelled the bail of that accused for this reason. Being aggrieved by this decision of the Ld. Court the accused filed a petition in the Ld. Supreme Court.

Judgement of the Supreme Court:

The three judge bench of the Supreme Court after reviewing all the petitions, submissions and arguments of the both parties came into this conclusion that if bail has been granted, the same can be cancelled if any conditions are violated or liberty is misused. The SC said that merely because the appellant did not appear personally before the Ld. Court on time that could not have been a ground for cancellation of bail. The parameters for granting bail and cancellation of bail are totally different matter. The bail already granted only be cancelled, if it is found that the person has violated any of the conditions or misused
the liberty by influencing the witnesses or tampering the evidence.

Conclusion:

Thus the SC set aside the rejection of bail order passed by the Kolkata High Court by observing the fact that “bail cannot be cancelled merely due to non-appearance of accused before the Court”.

Sample Mock Tests for Practice

THE LAW OF TORTS (PAPER 03 Q. NO. 91 TO 135)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 11 Q. NO. 351 TO 385)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 13 Q. NO. 481 TO 520)

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AILET – National Law University Delhi Entrance Test (NLU 2013)

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THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 08 Q. NO. 281 TO 320)

THE HIMACHAL PRADESH COURTS ACT, 1976 (PAPER 01 Q. NO. 1 TO 23)

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THE MADHYA PRADESH ACCOMODATION CONTROL ACT, 1961 (PAPER 01 Q. NO. 1 TO 30)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 08 Q.NO. 281 TO 320)

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THE INDIAN EVIDENCE ACT, 1872 (PAPER – 01 Q. NO. 01 TO 40)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 02 Q. NO. 41 TO 80)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 10 Q. NO. 361 TO 400)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 02 Q.NO. 41 TO 80)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 07 Q. NO. 211 TO 245)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 14 Q. NO. 521 TO 560)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 07 Q. NO. 211 TO 245)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 04 Q. NO. 106 TO 140)

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THE INDIAN CONTRACT ACT, 1872 (PAPER – 16 Q. NO. 526 TO 560)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 13 Q. NO. 481 TO 520)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 17 Q. NO. 561 TO 595)

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THE CONSTITUTION OF INDIA, 1949 (PAPER – 03 Q. NO. 71 TO 105)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 07 Q. NO. 241 TO 280)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 02 Q. NO. 41 TO 80)

CLAT 2016

THE CONSTITUTION OF INDIA, 1949 (PAPER – 04 Q. NO. 106 TO 140)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 12 Q. NO. 441 TO 480)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 04 Q. NO. 121 TO 160)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 15 Q. NO. 491 TO 525)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 08 Q. NO. 281 TO 320)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 07 Q. NO. 241 TO 280)

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