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Legal Case Shots

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Criminal LawSupreme Court of India

Purushothaman vs. State of Tamil Nadu

Criminal Appeal · 2023 INSC 970Decided 30 Oct 2023
Criminal Appeal No. 3341 of 2023

Background

The appellant had been convicted under the POCSO Act (child sexual offences) and was granted suspension of sentence and bail by the High Court in January 2018 while his appeal against conviction was pending. Years later, when the appeal finally came up for final hearing, his lawyer sought a four-week adjournment. The High Court, purely on the basis that the appellant was out on bail and his lawyer had sought an adjournment, straightaway cancelled his bail, without giving the appellant any opportunity to be heard on that specific issue.

Decision Breakdown

The Supreme Court held this was legally impermissible. Under Section 389 CrPC, bail granted to a convicted person during appeal can only be cancelled after giving the accused a reasonable opportunity to be heard on the cancellation itself; an adjournment request from counsel, even an unreasonable one, does not justify skipping this safeguard. The Court noted that if a lawyer seeks adjournment on flimsy grounds, the correct response is for the High Court to either refuse the adjournment and proceed, or appoint another advocate to argue the case on the appellant's behalf (as laid down in the earlier Bani Singh case), not to penalize the accused by cancelling his bail without a hearing. The Court quashed the High Court's order cancelling bail and restored the original 2018 bail order, while clarifying that if the appellant seeks further adjournments on unreasonable grounds, the High Court remains free to proceed with the appeal using the options available to it.

Lesson Learnt

A court cannot cancel a person's bail as a punishment for their lawyer's adjournment request without first giving the person a chance to be heard specifically on why the bail should be cancelled: procedural fairness applies even when a court is frustrated with delay tactics.

Purushothaman vs. State of Tamil Nadu – Legal Case Shots | LegalAware