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Mendar Singh @ Vijay Singh vs. State of Bihar

Not available · 2024 INSC 969Decided 10 Dec 2024
Not available
Justice B.R. Gavai · Justice K.V. Viswanathan

Background

The appellant was facing an FIR alleging offences under Sections 302 and 34 IPC, the Arms Act, and the SC/ST (Prevention of Atrocities) Act. A High Court single judge granted him bail in December 2022. When the complainant sought modification of that bail order, the judge instead directed an inquiry into whether the appellant had suppressed his criminal antecedents while seeking bail, and, after receiving the inquiry report, recalled the bail order entirely in August 2023, effectively cancelling the appellant's liberty.

Decision Breakdown

The Supreme Court held that bail already granted can only be cancelled on the ground of subsequent misconduct, such as violating bail conditions or misusing liberty, and that no such allegation had been made against the appellant here. The High Court's own inquiry into the appellant's past antecedents was not, by itself, a valid ground to recall bail once granted. The Court set aside the recall order and restored the original bail order.

Lesson Learnt

Bail cannot be cancelled just because a court later has second thoughts or orders an inquiry into the accused's past: cancellation requires actual proof that the accused breached bail conditions or misused the liberty granted.

Official source (sci.gov.in)View Judgment (PDF)

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