Supreme court says that no cancellation of bail should be done merely for any perceived indiciplane by the accused

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The Supreme court on Monday observed that no person’s bail shall be canceled merely on the grounds of any perceived notion against the accused person. The court contended that power to cancel bail of an accused person cannot be exercised merely on the grounds of his indiscipline, the court says that section 439(2) does not give that power to the court. The court says that Crpc is only envisaged when the accused person’s actions will cause hindrance to the smooth proceeding of the trial of a criminal case. In a case the Madhya Pradesh High Court canceled the bail of a person on the grounds that the trial court failed to observe that the accused is an absconding person and was found later . The Apex Court put forward its contentions saying that the accused had not misused the liberty and the High Court exercised its power under section 439(2) which is cancellation of bail and did not exercise its power as a revision on regular bail.

 

Source: https://www.livelaw.in/top-stories/supreme-court-bail-perceived-indicipline-cancellation-of-bail-bhuri-bai-vs-state-of-madhya-pradesh-2022-livelaw-sc-956-214062?utm_campaign=later-linkinbio-livelaw.in

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