The Supreme Court in a recent ruling has underscored the importance of judicial propriety and discipline when it comes to the cancellation of bail, particularly in cases where a High Court judge seeks to nullify bail granted by another judge of the same court. 

The bench, of Justices B.R. Gavai and Sandeep Mehta, delivered a significant decision in response to an appeal challenging the Madhya Pradesh High Court's order to cancel bail granted to the appellants.

The appellants were initially arrested in connection with a First Information Report (FIR) that implicated them in offenses under Sections 419, 420, 467, 468, 470, and 471 of the Indian Penal Code (IPC) and Section 25/27 of the Arms Act. 

A Single Judge at the Gwalior Bench of the High Court of Madhya Pradesh had accepted the bail applications filed by the appellants under Section 439 of the Code of Criminal Procedure (CrPC).

However, the State filed applications under Section 439(2) CrPC, seeking the cancellation of the regular bail granted to the appellants. The Supreme Court, in its scrutiny of the case, expressed strong disapproval of the High Court's decision to cancel bail by examining the merits of the allegations, deeming it as judicial impropriety.

The apex court emphasized that the cancellation of bail should only occur under specific circumstances, and the court must be satisfied that these conditions are met. The bench highlighted that none of these situations were present in this case. 

Furthermore, the Single Judge who canceled the bail failed to consider that charges had already been framed against the appellants, and the trial had commenced. As a result, there was no necessity for further investigation.

The Supreme Court opined that the orders canceling bail were grossly illegal and did not withstand scrutiny. The bench, therefore, allowed the appeal, signaling a commitment to upholding the principles of justice and fair legal proceedings.

Case: Himanshu Sharma v. State of Madhya Pradesh,

CRIMINAL APPEAL NO(S).  OF 2024 (Arising out of SLP(Crl.) No(s). 786 of 2024).

Click to read/download judgment/order.