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Supreme Court of India 2024-02-20 allowed

HIMANSHU SHARMA vs STATE OF MADHYA PRADESH

Bench: 2 — B.R. Gavai, Sandeep Mehta

In Brief

The appellants, arrested in a fraud and arms case under IPC and the Arms Act, had been granted regular bail by a High Court Single Judge. The State sought cancellation under CrPC Section 439(2) before a different Single Judge, who allowed it. On appeal, the Supreme Court quashed the cancellation order. The Court held that cancellation of bail rests on different legal principles than grant; a single judge cannot cancel a coordinate judge's bail order on merits alone, and no grounds for cancellation (misuse, condition violation, fraud) existed. Notably, charges had been framed and trial had commenced, eliminating any investigation rationale for cancellation.

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Bail Law Criminal Procedure Judicial Authority & Review Abuse of Process

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