Criminal Procedure Code, 1973
Section 439—Order cancelling bail—Murder case—Order of Magistrate granting bail set aside by Sessions Court, after noticing the illegality in order of Magistrate, in granting bail in a case triable by a court of Sessions, that too after the High Court had rejected the bail, and cancelled the bail granted to the petitioner—High Court affirmed the order of cancelling the bail with liberty to petitioner to file an application for regular bail, invoking Section 439 of CrPC, either before the High Court or before the Sessions Court—Present bail application preferred before the High Court—Neither the counsel for the defacto complainant, nor the Public Prosecutor could bring to the notice of the High Court, any peculiar circumstances, other than the severity of crime and illegality of initial order granting bail to petitioner, as reasons to deny bail to him at the present juncture—Surprisingly, for last one and a half years, the case is pending in the committal stage and therefore, the possibility of the trial happening in the immediate future is also remote—Considerable length of time, during which the petitioner was on bail is certainly a matter, which requires due consideration by the High Court—Since petitioner has been on bail for the last one year and five months, in order to meet the ends of justice, and the requirement of law, he ought to be granted bail, pending trial—Process and manner in which petitioner was granted bail initially, though certainly perverse and against law, the basic principles of grant of bail in a criminal trial cannot be ignored, despite such illegality brought about by a wrong order—Petitioner ought to be released on bail pending trial—Application allowed.
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