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Chicko Sangma   05 April 2022

Cancellation of Anticipatory bail Sessions Court

Sir,
Whether , Sessions Court can cancel the Anticipatory Bail which was granted by the High Court?


Learning

 5 Replies

Palak batra   06 April 2022

Dear Querist,

 

The Supreme Court observed that the anticipatory bail that is granted ignoring the material aspects including the nature and gravity of the offence is liable to be cancelled.

 

Recently, in the case of Bombay High Court in Sameer Narayanrao Paltewar v. State of Maharashtra, it was observed that the accused person should be protected against the harm to his reputation and self-esteem during the arrest. 

 

Sec.438 of crpc allows a state to make an application for accused to be present at the time of anticipatory bail application and passing of final orders. Also sessions court should also observe that the accused get time to approach the HC and request anticipatory bail again. 

 

The sessionals court order can be questioned by the high court when it comes to anticipatory bail and giving interim relief to the accused for 72 hours. 

 

Regards,

Palak

Supinder Singh   06 April 2022

Short Answer - A Court of Sessions cannot cancel an Anticipatory Bail granted by the High Court.

 

Long Answer:

Section 439 (2) provides that a High Court or a Court of Sessions can cancel the Bail of a person who was earlier relased on bail.

Here, the word 'or' might confuse you into thinking that a Sessions Court can cancel Bail issued by the High Court, but that is not so the case.

It has been held by the Hon'ble Supreme Court in the case of Puran v. Rambilas (AIR 2001 SC 2023), that a High Court is a superior Court in the heirarcy of courts as compared to a Sessions Court or a Magistrate. So, it cannot be argued that the Court of Sessions and the High Courts are sub-ordinate Courts for the purpose of cancellation of bail under Section 439 (2).

Furthermore, in the case of Harjeet Singh v. State of Punjab (AIR 2002 SC 281), it was observed by the Hon'ble Supreme Court that for cancellation of Bail, the State Government must either approach a Higher Forum or approach the same Judge who had passed the earlier orders. 

I hope this answers your query.

1 Like

Dr J C Vashista (Advocate)     07 April 2022

Very well analysed, opined and advised by experts, I concur and appreciate. 

Sessions Court can not cancel the orders passed by High Court.

The facts posted to your query are missing.

P. Venu (Advocate)     10 April 2022

What are the facts? What is the context?

Janak Raj Vatsa (Advocate) (Lawyer consultant)     09 June 2022

A AB granted by HC cannot be cancelled by the Sessions Court 


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