The granting or denial of bail holds significant importance for society, as every criminal offense is viewed as an offense against the society. Striking a delicate balance between individual liberty and societal interests is crucial, as expressed by Justice Dalveer Bhandari in S.S. Mhetre v. State of Maharashtra (2010).
The term "bail" finds its roots in the old French word "Baillier," signifying delivery or handover.
Section 2(b) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) defines “bail” as release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond;
In essence, "bail" denotes the release of an individual from legal custody, with the legal policy favoring its allowance rather than prohibition.
The norm is to grant bail, making rejection an exception, as emphasized in the Satender Kumar Antil v. Central Bureau of Investigation (2022) case.
Watch JudiX’s 1 minute video lecture on Bail by Court of Sessions and High Court & Bail by Magistrate under BNSS
Cancellation of Bail:
The Bharatiya Nagarik Suraksha Sanhita (BNSS) stipulates that the accused, public prosecutor, complainant, or any other aggrieved party can exercise the power to terminate or cancel the granted bail. Notably, the High Court, Court of Session, and various lower courts, including Magistrates, possess the authority to cancel previously granted bail.
Lower courts can cancel bail under Section 480(5) of the BNSS, while the High Court and Court of Session have this authority under Section 483 (3) of the BNSS.
The Court of Session and the High Court have concurrent jurisdiction to cancel bail under Section 483(3) of the BNSS. If bail is granted by a magistrate, the aggrieved party can file a cancellation application before the Court of Session or the High Court.
The Supreme Court has affirmed that submitting such a petition directly to the Supreme Court instead of the Court of Session would not violate judicial decorum, as seen in the case of Rubina Zahir Ansari v. Sharif Altaf Furniturewala (2014).
In Mahipal v. Rajesh Kumar @ Polia and another (2019), the Supreme Court clarified that if the decision is wholly irrational and unjustified, Section 439(2) of the BNSS can be invoked to revoke the granted bail. The power for bail cancellation may be exercised based on the merits of the case, misuse of liberty, or other supervening circumstances.
The general grounds for bail cancellation include situations where the accused abuses their freedom, obstructs the investigation, tampers with evidence or witnesses, threatens witnesses, or attempts to escape or evade justice. The authority to cancel bail should be used cautiously, and the Supreme Court in various cases has outlined supervening factors that might necessitate such an order. These include the accused engaging in similar illegal activities, hampering the investigation's progress, or attempting to flee the country.
Cancellation of bail is considered a serious matter that infringes on an individual's liberty. It differs from bail refusal, and the criteria for both situations are distinct. The Supreme Court has emphasized that cancelling bail interferes with the accused's already guaranteed liberty. The grounds for cancellation may include orders that are perverse, granted without proper consideration, or in violation of substantive or procedural law.
Frequently Asked Questions (FAQs) about Bail Cancellation:
1. Who has the authority to cancel granted bail?
- The accused, public prosecutor, complainant, or any aggrieved party can seek bail cancellation. The High Court, Court of Session, and various lower courts, including Magistrates, possess the authority.
2. Under what circumstances can bail be cancelled?
- Grounds for cancellation include the accused abusing freedom, obstructing the investigation, tampering with evidence or witnesses, threatening witnesses, or attempting to escape. The decision must be cautious and based on supervening factors.
3. What is the jurisdiction for bail cancellation under the BNSS?
- Lower courts can cancel bail under Section 480(5), while the High Court and Court of Session have this authority under Section 483(3). The Supreme Court may also be approached for bail cancellation.
4. How does the court approach bail cancellation cases?
- The court considers factors like the accused's abuse of freedom, interference with the investigation, or any other supervening circumstance. The decision must be justifiable, and the accused's right to personal liberty is weighed against societal interests.
5. Is there a specific procedure for seeking bail cancellation?
- The procedure involves filing an application before the appropriate court, which could be the High Court, Court of Session, or a lower court. The grounds for cancellation must be compelling and supported by evidence.
6. Can bail granted by a lower court be challenged in the High Court or Supreme Court?
- Yes, if the bail was granted by a lower court, the High Court and Supreme Court have the authority to entertain a petition for bail cancellation. The choice between the High Court and Supreme Court depends on the hierarchy of the court that granted bail.
7. What are some common grounds for bail cancellation?
- Common grounds include abuse of freedom, obstruction of the investigation, tampering with evidence or witnesses, threats to witnesses, or attempts to evade justice. The court may also consider the overall legality and perversity of the decision granting bail.
8. Is the accused's right to personal liberty considered in bail cancellation?
- Yes, the court must balance the accused's right to personal liberty with societal interests when deciding on bail cancellation. The decision should be cautious and justifiable, considering the specific circumstances of each case.
Cancellation of Bail under BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023)
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