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Supreme Court Of India

(From: Hyderabad)

Hon'ble Judge(s): Dipak Misra, A. M. Khanwilkar, D. Y. Chandrachud , JJJ

Criminal P.C. (2 of 1974) , S.439— Cancellation of bail - Bail once granted cannot be cancelled unless cogent case, based on supervening event made out. In present case, complaint filed alleging accused film producer committed rape on aspiring actress. Accused had benefit of order granting him anticipatory bail. Grant of anticipatory bail was cancelled principally on ground that he had not disclosed pendency of prosecution against him in 2G Spectrum case. Court has been informed during course of hearing that said prosecution has ended in acquittal. Regular bail was granted by High Court on 17 November 2017 in present case. Second FIR which was lodged on 22 November 2017 is not, supervening circumstance of such nature as would warrant cancellation of bail which was granted by High Court. Hence, order of High Court allowing application for bail cannot be faulted. Moreover, no supervening circumstance has been made out to warrant cancellation of bail. There is no cogent material to indicate that accused has been guilty of conduct which would warrant his being deprived of his liberty. However, quantum of personal bond fixed by High Court enhanced to Rs. 10 lakhs in facts and circumstances of case.(Para 14 15 16) .....