It is equally well settled that bail once granted, ought not to be cancelled in a mechanical manner. However, an unreasoned or perverse order of bail is always open to interference by the superior court. If there are serious allegations against the accused, even if he has not misused the bail granted to him, such an order can be cancelled by the same Court that has granted the bail. The Courts are not powerless and are expected to exercise jurisdiction conferred by law to cancel such bail orders so as to subserve the ends of justice. Bail can also be revoked by a superior court if it transpires that the courts below have ignored the relevant material available on record or not looked into the gravity of the offence or the impact on the society resulting in such an order.
The order granting bail can be interfered with by the superior Court considering the nature and gravity of the offences; if the order granting bail ignores the relevant material available on record.
The Court must consider relevant factors while granting bail like:
(i) the nature of the accusations made against the accused,
(ii) the manner in which the crime is alleged to have been committed,
(iii) the gravity of the offence,
(iv) the role attributed to the accused,
(v) the criminal antecedents of the accused,
(vi) the probability of tampering of the witnesses and repeating the offence,
(vii) if the accused are released on bail, the likelihood of the accused being unavailable in the event bail is granted, and
(viii) the possibility of obstructing the proceedings and evading the courts of justice.
Related Post: