387.
(SC) 05-05-2022
A. Code of Criminal Procedure, 1973 (2 of 1974), Section 439(1) -- Cancellation of bail -- Supreme Court would be loath to interfere with an order passed by the Court below granting bail but if such an order is found to be illegal or perverse or premised on material that is irrelevant, then such an order is susceptible to scrutiny and interference by the Appellate Court -- Some of the circumstances where bail granted to the accused under Section 439 (1) of the Cr.P.C. can be cancelled are enumerated below: -
a) If he misuses his liberty by indulging in similar/other criminal activity;
b) If he interferes with the course of investigation;
c) If he attempts to tamper with the evidence;
d) If he attempts to influence/threaten the witnesses;
e) If he evades or attempts to evade court proceedings;
f) If he indulges in activities which would hamper smooth investigation;
g) If he is likely to flee from the country;
h) If he attempts to make himself scarce by going underground and/or becoming unavailable to the investigating agency;
i) If he attempts to place himself beyond the reach of his surety.
j) If any facts may emerge after the grant of bail which are considered unconducive to a fair trial.
Aforesaid list is only illustrative in nature and not exhaustive.
(Para 24)
B. Code of Criminal Procedure, 1973 (2 of 1974), Section 439(1) -- Indian Penal Code, 1860 (45 of 1860), Sections 376(2)(n), 506 -- Rape case -- Cancellation of bail -- High Court granted bail on sole ground of delay on the part of the appellant/complainant in lodging the FIR -- Criminal antecedents of the respondent No.2 were brought to the notice of the High Court by the appellant/complainant and State has also confirmed that he is involved in at least four criminal cases – After bail, photographs appearing in the social media with his snapshots prominently displayed on posters/ hoarding in the forefront with the faces of some influential persons of the society in the backdrop, welcoming him with captions like “Bhaiyaa is back”, “Back to Bhaiyaa”, and “Welcome to Role Janeman” -- Brazen conduct of the respondent No.2 has evoked a bona fide fear in the mind of the appellant/complainant that she would not get a free and fair trial and that there is a likelihood of his influencing the material witnesses -- Representation by appellant’ father to the Superintendent of Police expressing the very same apprehension – Held, respondent No. 2 does not deserve the concession of bail -- Impugned order quashed -- Respondent No. 2 directed to surrender.
(Para 26-31)
