Criminal Procedure Code, 1973
Section 439—Grant of bail and cancellation thereof—Considerations for grant of bail and cancellation thereof are entirely different—Bail granted to an accused can only be cancelled if the Court is satisfied that after being released on bail, (a) the accused has misused the liberty granted to him; (b) flouted the conditions of bail order; (c) that the bail was granted in ignorance of statutory provisions restricting the powers of the Court to grant bail; (d) or that the bail was procured by misrepresentation or fraud.
[Para 12]
Section 439(2)—Cancellation of bail—Appeal—Exercise of jurisdiction by the Single Judge of High Court in cancelling the bail granted to the appellants by another Single Judge of the same High Court and that too, by examining the merits of the allegations was totally uncalled for and tantamount to judicial impropriety/indiscipline—Impugned order set aside—Appeal allowed.
[Para 10]