Whether Appellate or Revisional Courts have power to set aside bail orders that are perverse, unjustified, or passed in violation of settled legal principles — Held, appellate or revisional power exists to set aside a bail order that is perverse, unjustified, or passed in violation of settled legal principles — It is concerned with defects existing at the time the bail was granted, without reference to subsequent conduct
Per R. Mahadevan, J.
This refers to the appellate or revisional power to set aside a bail
order that is perverse, unjustified, or passed in violation of settled legal principles. It is concerned with defects existing at the time the bail was granted, without reference to subsequent conduct. Similarly, in Dr. Narendra K. Amin v. State of Gujarat and another, a three-Judge Bench held that consideration of irrelevant materials renders the bail order vulnerable and liable to be set aside. In Prasanta Kumar Sarkar v. Ashis Chatterjee, this Court held that where the High Court grants bail mechanically and without application of mind to material factors such as the gravity of the offence or antecedents of the accused, such an order must be set aside. In Prakash Kadam and others v. Ramprasad Viswanath Gupta and another, this Court distinguished between cancellation of bail by the same court and annulment by an appellate / revisional court.
IN THE SUPREME COURT OF INDIA
Criminal Appeal Nos. 3528-3534 of 2025
Decided On: 14.08.2025
State of Karnataka Vs. Darshan and Ors.
Hon’ble Judges/Coram:
J.B. Pardiwala and R. Mahadevan, JJ.
Author: R. Mahadevan, J.
Citation: 2025 KHC 6693: 2025 INSC 979, MANU/SC/1098/2025.
Read full judgment here: Click here.