RASIKLAL versus KLSORE

RASIKLAL versus KLSORE

Bail granted for a bailable offence under Section 436 CrPC cannot be cancelled solely on the ground that the complainant was not heard; natural justice principles do not mandate hearing the complainant in such cases. The only relevant question is whether the accused is charged with a bailable offence and is willing to comply with reasonable conditions.

Parties
Appellant: Rasiklal; Respondent: Kisore
Jurisdiction
India
Judgment Date
20 February 2009
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Cancelling Bail
Outcome
Appeal allowed
Legal Topics
Bail, Natural Justice, Procedure Under the Code of Criminal Procedure
Criminal Law Bail Natural Justice Procedure Under the Code of Criminal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rasiklal

Appellant

Kisore

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Cancelling Bail

Legal Issues

  1. 1 Whether bail granted in a bailable offence under Section 436 CrPC can be cancelled for violation of principles of natural justice
  2. 2 Whether complainant must be heard before grant of bail for bailable offences

Ratio Decidendi

Bail granted for a bailable offence under Section 436 CrPC cannot be cancelled solely on the ground that the complainant was not heard; natural justice principles do not mandate hearing the complainant in such cases. The only relevant question is whether the accused is charged with a bailable offence and is willing to comply with reasonable conditions.

Court Disposition

Appeal allowed

Orders

  • Order of High Court cancelling bail set aside
  • Order of Judicial Magistrate granting bail restored