2002 (5) TMI 889 - SC - Indian Laws

Summary

Issues:
1. Revision of order releasing accused under Section 167(2) of Cr.P.C.
2. Jurisdiction of High Court under Section 439(2) Cr.P.C.
3. Misconception in High Court's judgment regarding bail cancellation.

Issue 1: Revision of order releasing accused under Section 167(2) of Cr.P.C.:
The case involved the release of accused under Section 167(2) of Cr.P.C. due to the charge-sheet not being submitted within 90 days. The High Court set aside the order of the sessions judge, holding that the judicial magistrate's order was not revisable. The de facto complainant appealed, arguing that the High Court erred in not considering all relevant orders and perpetuating injustice to the victims. The accused's counsel contended that no grounds for bail cancellation were established by the prosecution or the complainant.

Issue 2: Jurisdiction of High Court under Section 439(2) Cr.P.C.:
The Supreme Court highlighted the provisions of Section 439(2) Cr.P.C., empowering the High Court or sessions court to cancel bail. It clarified that bail under Section 167(2) could be canceled if released illegally or erroneously, as deemed under chapter XXXIII. Reference was made to a previous case emphasizing the distinction between setting aside an unjustified order and canceling bail due to misconduct or new facts. The respondent's counsel argued that the High Court overlooked the sessions court's order, leading to a mistake. The Court emphasized the duty to verify records before setting aside lower court orders and the sessions court's authority to cancel bail in such situations.

Issue 3: Misconception in High Court's judgment regarding bail cancellation:
The appeal was allowed, setting aside the High Court's judgment and restoring the sessions judge's order. The Court directed the accused to surrender immediately, emphasizing the importance of adhering to legal procedures and ensuring the correct application of bail cancellation provisions under Section 439(2) Cr.P.C.