Shri Krishna Sharma V. State of West Bengal, 2024

R. Mahalakshmi V. A. V. Anantharaman

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”.

Leave a Reply

Your email address will not be published. Required fields are marked *

Sample Mock Tests for Practice

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 06 Q. NO. 201 TO 240)

DELHI LOWER JUDICIAL SERVICES 2019

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

THE CONSTITUTION OF INDIA, 1949 (PAPER – 05 Q. NO. 141 TO 175)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 09 Q.NO. 321 TO 345)

THE LIMITATION ACT, 1963 (PAPER 05 Q. NO. 161 TO 200)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 05 Q. NO. 161 TO 200)

G.K. ENGLISH -02 GGSSS BNL

DELHI LOWER JUDICIAL SERVICES 2022

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 19 Q. NO. 721 TO 760)

THE HINDU ADOPTION AND MAINTENANCE ACT, 1956 (PAPER 01 Q. NO. 1 TO 30)

THE ADMINISTRATIVE TRIBUNALS ACT, 1985 (PAPER-01 Q. NO. 1 TO 21)

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 02 Q. NO. 31 TO 60)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 01 Q. NO. 1 TO 40)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 07 Q.NO. 241 TO 280)

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

THE HINDU SUCCESSION ACT, 1956 (PAPER 02 Q. NO. 36 TO 65)

THE HIMACHAL PRADESH EXCISE ACT, 2011 (PAPER 01 Q. NO. 1 TO 16)

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

AIBE-XV-2021-I (BCI-JAN-2021-SET-C) (ALL INDIA BAR EXAM 2021-I)

MADHYA PRADESH LOWER JUDICIAL SERVICES 2019(1)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 16 Q. NO. 601 TO 640)

KERALA LOWER JUDICIAL SERVICES 2011

THE INDIAN CONTRACT ACT, 1872 (PAPER – 04 Q. NO. 106 TO 140)

AIBE-XIV-2019 (BCI-SEPT-2019-SET-D) (ALL INDIA BAR EXAM 2019)

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

MAHARASHTRA LOWER JUDICIAL SERVICES 2022

UTTARAKHAND LOWER JUDICIAL SERVICES 2022

THE INDIAN CONTRACT ACT, 1872 (PAPER – 13 Q. NO. 421 TO 455)

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019-2

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 10 Q. NO. 361 TO 400)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 08 Q. NO. 246 TO 280)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 22 Q. NO. 841 TO 870)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 18 Q. NO. 681 TO 720)