BASHIR AND OTHERS versus STATE OF HARYANA

BASHIR AND OTHERS versus STATE OF HARYANA

Cancellation of bail granted under Section 167(2) CrPC can only be done in accordance with Section 437(5) CrPC, requiring sufficient grounds; the mere filing of a charge sheet is not by itself a valid ground for cancellation.

Parties
Appellant: Bashir; Appellant: Kundan; Appellant: Sadiq; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
03 October 1977
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave
Outcome
Appeal allowed
Legal Topics
Bail, Code of Criminal Procedure 1973, Cancellation of Bail
Criminal Law Bail Code of Criminal Procedure 1973 Cancellation of Bail

Case Brief

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Parties

Bashir

Appellant

Kundan

Appellant

Sadiq

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave

Legal Issues

  1. 1 Whether bail granted under Section 167(2) CrPC can be cancelled merely because a challan is subsequently filed
  2. 2 Whether cancellation of bail under Section 167(2) can be done only in accordance with Section 437(5) CrPC

Ratio Decidendi

Cancellation of bail granted under Section 167(2) CrPC can only be done in accordance with Section 437(5) CrPC, requiring sufficient grounds; the mere filing of a charge sheet is not by itself a valid ground for cancellation.

Court Disposition

Appeal allowed

Orders

  • Cancellation of bail by the High Court is set aside
  • Appellants are directed to be set at liberty