2009 (9) TMI 929 - SC - Indian Laws

Whether no supervening circumstances have surfaced nor shown justifying cancellation of anticipatory bail? Whether a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial?

Summary

Issues:
Allegations of misappropriation of funds by a headmaster, grant of anticipatory bail by Sessions Judge, cancellation of anticipatory bail by High Court, considerations for granting and cancelling bail, interference with administration of justice, abuse of concession, judicial discretion.

Analysis:
The case involves allegations against a headmaster of misappropriating funds by opening a bank account jointly with his servant without the school committee's resolution. The headmaster deposited a cheque intended for the school, leading to an FIR and subsequent application for anticipatory bail under Section 438 of the CrPC.

The Sessions Judge granted anticipatory bail to the headmaster with certain conditions, including weekly visits to the police station. However, the complainant approached the High Court seeking cancellation of the anticipatory bail, which the High Court granted. The Supreme Court stayed the High Court's order and examined the considerations for granting and cancelling bail.

The Supreme Court cited the principles from Dolat Ram case, emphasizing that cancellation of bail requires cogent reasons like interference with justice, abuse of concession, or possibility of absconding. The Court found no evidence of such grounds in this case, noting that the High Court overlooked the factors relevant for cancelling bail already granted.

Consequently, the Supreme Court allowed the appeal, setting aside the High Court's order and reinstating the anticipatory bail granted by the Sessions Judge. The headmaster was directed to cooperate with the investigation, attend the police station weekly, and produce all relevant records. The judgment highlights the importance of judicial discretion in bail matters and the need for substantial grounds to cancel bail already granted.