CJI Justice N. V. Ramana, Justice Surya Kant and Justice Hima Kohli of the Supreme Court noted the circumstances where bail granted has to be cancelled. The court while disposing of the appeal had set aside the decision of the High Court and directed the respondent-accused to surrender before the Trial Court.As per the prosecution, the FIR was filed by the appellant, the complainant, who is the father of the deceased. It was alleged by the appellant that his daughter was married off to the son of the respondent-accused and was harassed physically as well as mentally for dowry. The daughter of the appellant expired under unnatural circumstances.
An anticipatory bail plea was filed before the Trial Court where the court rejected the same.
An application was filed before the High Court where the court granted anticipatory bail to the mother-in-law of the deceased, respondent-accused.
A criminal appeal was filed before the top court, the court observed:
“Conventionally, there can be supervening circumstances which may develop post the grant of bail and are non-conducive to fair trial, making it necessary to cancel the bail. This Court in Daulat Ram and others vs. State of Haryana1 observed that:
“Rejection of bail in a nonbailable case at the initial stage and the cancellation of bail so granted, have to be considered and dealt with on different basis. Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail, already granted. Generally speaking, the grounds for cancellation of bail, broadly (illustrative and not exhaustive) are: interference or attempt to interfere with the due course of administration of Justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner. The satisfaction of the court, on the basis of material placed on the record of the possibility of the accused absconding is yet another reason justifying the cancellation of bail. However, bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial.””
