TaxTMI 
TaxTMI 
2024 (2) TMI 1673
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....3154 of 2023 and 43149 of 2023 whereby the bail granted to the appellants was cancelled on applications filed by the State under Section 439(2) of Code of Criminal Procedure, 1973 (hereinafter being referred to as 'CrPC'). 3. The appellants herein were arrested in connection with the FIR being Crime No. 21/2022 registered at P.S. Dinara District, Shivpuri for offences punishable under Sections 419, 420, 467, 468, 470 and 471 of the Indian Penal Code, 1960 (hereinafter being referred to as 'IPC') and Section 25/27 of the Arms Act. 4. Learned Single Judge sitting at Gwalior Bench of High Court of Madhya Pradesh accepted the bail applications being Miscellaneous Criminal Case Nos. 42299/2022 and 44360/2022 preferred by the appellants under Section 439 CrPC vide orders dated 8th September, 2022 and 14th November, 2022. 5. It may be stated here that the appellants herein were not apprehended at the time of registration of the FIR and were not named therein. They were implicated in the case solely on the basis of confessional statements made by the co-accused persons. Charge-sheet had been filed by the time the appellants were granted bail by the learned Single J....
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....the date of passing of this order. In case, respondent/accused did not surrender before himself before the trial Court then trial Court is free to secure his presence in accordance with law." 9. The accused are in appeal against the above orders. 10. Having heard and considered the submissions advanced by learned counsel for the parties and after going through the impugned orders dated 12th December, 2023 and so also the orders granting bail dated 8th September, 2022 and 14th September, 2022, we are of the firm opinion that the exercise of jurisdiction by the learned Single Judge of High Court of Madhya Pradesh in cancelling the bail granted to the appellants by another Single Judge of the same High Court and that too, by examining the merits of the allegations was totally uncalled for and tantamounts to judicial impropriety/indiscipline. 11. While cancelling the bail granted to the appellants, the learned Single Judge referred to this Court's judgment in the case of Abdul Basit (supra). However, we are compelled to note that the ratio of the above judgment favours the case of the appellants. That apart, the judgment deals with the powers of the High Court to review it....
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.... was also the position under Section 498 CrPC of the old Code. That is to say, even if a Magistrate refuses to grant bail to an accused person, the High Court or the Court of Session may order for grant of bail in appropriate cases. Similarly, under Section 439(2) of the new Code, the High Court or the Court of Session may direct any person who has been released on bail to be arrested and committed to custody. In the old Code, Section 498(2) was worded in somewhat different language when it said that a High Court or Court of Session may cause any person who has been admitted to bail under sub-section (1) to be arrested and may commit him to custody. In other words, under Section 498(2) of the old Code, a person who had been admitted to bail by the High Court could be committed to custody only by the High Court. Similarly, if a person was admitted to bail by a Court of Session, it was only the Court of Session that could commit him to custody. This restriction upon the power of entertainment of an application for committing a person, already admitted to bail, to custody, is lifted in the new Code under Section 439(2). Under Section 439(2) of the new Code a High Court may commit a pe....
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....urt granting order of bail, the same makes the said order vulnerable and subject to scrutiny by the appellate court and that no review would lie under Section 362 of the Code. In essence, this Court has opined that if the order of grant of bail is perverse, the same can be set at naught only by the superior court and has left no room for a review by the same court. 18. Reverberating the aforesaid principle, this Court in the recent decision in Ranjit Singh v. State of M.P. [(2013) 16 SCC 797] has observed that: "19. ... There is also a distinction between the concept of setting aside an unjustified, illegal or perverse order and cancellation of an order of bail on the ground that the accused has misconducted himself or certain supervening circumstances warrant such cancellation. If the order granting bail is a perverse one or passed on irrelevant materials, it can be annulled by the superior court." 19. Therefore, the concept of setting aside an unjustified, illegal or perverse order is different from the concept of cancellation of a bail on the ground of accused's misconduct or new adverse facts having surfaced after the grant of bail which require s....