In a recently decided case of “Kanwar Singh
Meena vs. State of Rajasthan & Anr”. Criminal Appeal N0. 1662 of 2012 [Arising
out of Special Leave Petition (Crl.) No.155 of 2012], the Hon’ble Supreme Court
has held that:
“The High Court or
the Sessions Court can cancel bail even in
cases where the order granting bail suffers
from serious infirmities resulting in miscarriage of
justice. If the court
granting bail ignores relevant materials indicating prima
facie involvement of
the accused or takes into account irrelevant material,
which has no
relevance to the question of grant of bail to the accused,
the High Court or
the Sessions Court would be
justified in cancelling the bail.
Such orders are
against the well recognized principles underlying the power to
grant bail. Such orders are legally infirm and
vulnerable leading to miscarriage
of justice and absence of
supervening circumstances such as
the propensity of the
accused to tamper with the evidence, to flee from justice, etc.
would not deter the court from
cancelling the bail. The High Court or
the Sessions Court is bound to
cancel such bail orders particularly when they are passed releasing accused involved in heinous
crimes because they ultimately result in
weakening the prosecution case and have adverse impact on
the society.
Needless to say that
though the powers of this court are
much wider, this court is equally guided by the above
principles in the matter of grant
or cancellation of bail.” [Para 10]