Factors To Be Considered For Cancellation Of Bail And Challenging Bail Order Are Different: SC [Read Judgment]

The Supreme Court has reiterated that the grounds for consideration of an application seeking cancellation of bail and an application challenging the order of grant of bail are different.

In Bharatbhai Bhimabhai Bharwad vs. state of Gujarat, the bench comprising Justice, while setting aside a High Court order, observed:

"It is well settled that the consideration applicable for cancellation of bail and consideration for challenging the order of grant of bail on the ground of arbitrary exercise of discretion are different. While considering the application for cancellation of bail, the Court ordinarily looks for some supervening circumstances like; tampering of evidence either during investigation or during trial, threatening of witness, the accused is likely to abscond and the trial of the case getting delayed on that count etc. Whereas, in an order challenging the grant of bail on the ground that it has been granted illegally, the consideration is whether there was improper or arbitrary exercise of discretion in grant of bail."

In the case before the High court, grant of bail was challenged on the ground of arbitrary exercise of discretion ignoring the relevant materials to be considered in the application for bail. The High Court declined to interfere with the order passed by the trial court granting bail to the accused and relegated the complainant to approach the Sessions Court on the alleged breach of condition of bail and for imposing the appropriate conditions.

In the appeal filed against, the High Court order, the Apex Court bench observed that, in this case, the High Court proceeded under the footing as if it was an application only for cancellation of bail. The bench then remanded the matter to the High Court for fresh consideration.

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