Criminal Procedure Code, 1973
Section 439(2)—Cancellation of bail by High Court—Appeal—FIR registered under Section 307 read with Section 34 of IPC—Allegation against appellant appears to be that he had given an axe blow on the head of complainant—High Court has not referred to any single act of the appellant, post grant of bail, which could give rise to formation of an opinion that any of the terms and conditions of bail have been violated by the appellant and, therefore, grant of bail warrants revocation/cancellation—Liberty of an individual being a precious right under the Constitution, the courts ought to be wary that such liberty is not lightly interfered—High Court was completely in error and unjustified in cancelling the bail of the appellants—Impugned judgment and order passed by High Court is set aside and that of Sessions Court granting bail to appellant is restored—Appeal allowed.
[Paras 9, 12 to 14]