Skip to content


Ram Murti and anr. Vs. State - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad High Court
Decided On
Judge
Reported in1976CriLJ211
AppellantRam Murti and anr.
RespondentState
Excerpt:
- .....submitted within the period prescribed, it can be cancelled only for the reasons for which the bail granted otherwise could be cancelled. the court below has found no facts and given no valid reasons for cancelling the bail. the fact that the bail was earlier refused cannot by itself be a ground for cancelling the bail granted under section 167(2), cr.p.c. the order of the learned sessions judge being based on irrelevant considerations cannot be upheld. it is accordingly quashed and the order granting bail to the applicants dated 23-12-1974 is restored.3. in case the state government finds any relevant material to justify the cancellation of bail it will always be open to it to move the court for cancellation of bail.4. a copy of this order may be given to the learned counsel by.....
Judgment:
ORDER

Hari Swarup, J.

1. The applicants were granted bail on 23rd December, 1974, as no charge-sheet had been submitted even though the period of more than 60 days had expired. The bail has now been cancelled by the learned Sessions Judge on 1st March, 1975. The grounds given by him are that the application for cancellation of bail had been moved by the State Government and that certain first information reports were lodged with the police. Learned Sessions Judge has not even mentioned the offences for which the first information reports may have been lodged if any proceedings consequent thereto had been initiated to prosecute the petitioners. According to the learned Counsel for the applicants the reports were under Section 506, I. P.C. and, as far as he knows no prosecution has yet been launched on the basis thereof.

2. Once the bail has been granted by the Court, it can be cancelled only for valid reasons. The normal grounds for cancelling the bail are chances of jumping the bail, threatening or influencing the witnesses, interfering with the investigation or prosecution, obstructing the judicial process or otherwise misusing or abusing the bail. Even if the bail is granted under Section 167(2) for the reason that the charge-sheet had not been submitted within the period prescribed, it can be cancelled only for the reasons for which the bail granted otherwise could be cancelled. The Court below has found no facts and given no valid reasons for cancelling the bail. The fact that the bail was earlier refused cannot by itself be a ground for cancelling the bail granted under Section 167(2), Cr.P.C. The order of the learned Sessions Judge being based on irrelevant considerations cannot be upheld. It is accordingly quashed and the order granting bail to the applicants dated 23-12-1974 is restored.

3. In case the State Government finds any relevant material to justify the cancellation of bail it will always be open to it to move the Court for cancellation of bail.

4. A copy of this order may be given to the learned Counsel by August 4, 1975.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //