Supreme Court: The Court should not cancel bail of accused only on the ground that he fails to remain present before the court

However, we find that merely because the appellant did

not appear personally could not have been a ground for

cancellation of bail. The parameters for grant of bail and

cancellation of bail are totally different. The bail

already granted may be cancelled, if it is found that the

person who has been granted the benefit of bail has violated

any of the conditions or misused the liberty by influencing

the witnesses or tampering with the evidence.

6. Nothing of that sort is recorded in the impugned

judgment. We therefore set aside the impugned order and

allow this appeal.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 383/2024 @ SLP(Crl) No. 12829/2023

KRISHNA SHARMA ALIAS KRISHNA KUMAR SHARMA Vs

THE STATE OF WEST BENGAL & ANR. 

Dated: JANUARY 24, 2024.

1. Leave granted.

2. The appellant challenges the order dated 06.09.2023,

vide which the bail granted to the appellant earlier was

cancelled.

3. Learned counsel appearing for the appellant submits that

the appellant could not attend the Court on the said date as

there was traffic jam due to VIP movements. He further

submits that the lawyer of the appellant also could not

remain present as his Vakalatnama was withdrawn on an

earlier day.

4. Learned counsel for the respondent/State and the learned

counsel for the complainant oppose the petition.

5. However, we find that merely because the appellant did

not appear personally could not have been a ground for

cancellation of bail. The parameters for grant of bail and

cancellation of bail are totally different. The bail

already granted may be cancelled, if it is found that the

person who has been granted the benefit of bail has violated

any of the conditions or misused the liberty by influencing

the witnesses or tampering with the evidence.

6. Nothing of that sort is recorded in the impugned

judgment. We therefore set aside the impugned order and

allow this appeal.

1

7. Pending application(s), if any, shall stand disposed of.

..............................J

( B.R. GAVAI )

..............................J

( SANJAY KAROL )

..............................J

( SANDEEP MEHTA )

NEW DELHI;

JANUARY 24, 2024

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