Absolute right to bail in bailable offences remains intact; non-hearing of the complainant does not by itself justify cancellation.

In bailable offences, Section 436 CrPC gives an accused an absolute right to bail if willing to furnish bail or a bond on reasonable terms. The court's role is limited to verifying the bailable nature of the offence and the accused's compliance with bail conditions. The complainant has no right to be heard before grant of bail in such matters, and failure to hear the complainant does not, by itself, violate natural justice or render the bail order void. Cancellation of bail in a bailable offence is justified only on recognised grounds such as misuse of liberty or prejudice to a fair trial, so cancellation solely for non-hearing of the complainant was unsustainable.

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Issues: Whether bail granted under Section 436 of the Code of Criminal Procedure, 1973 in respect of bailable offences could be cancelled merely because the complainant was not heard and whether such cancellation could be justified on the ground of violation of natural justice.

Analysis: Offences under Sections 499 and 500 of the Indian Penal Code are bailable, and Section 436 of the Code of Criminal Procedure, 1973 confers an absolute right to bail in such cases if the accused is prepared to furnish bail or a bond on reasonable terms. In that situation, the court is required only to ascertain whether the offence is bailable and whether the accused is willing to comply with bail conditions. The complainant has no right to be heard before grant of bail in such a matter, and non-hearing of the complainant does not render the bail order void on principles of natural justice. Cancellation of bail in a bailable offence is permissible only on recognised grounds such as misuse of liberty or conduct prejudicial to a fair trial, not for want of notice to the complainant.

Conclusion: The cancellation of bail on the ground that the complainant was not heard was unsustainable, and the bail granted to the appellant was rightly restored.

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