Bail Cancellation for Non-Compliance

Source: Supreme Court

Why in News? 

The bench of Justices J K Maheshwari and Vijay Bishnoi in the case of Sheikh Irshad @ Monu v. State of Maharashtra (2025) set aside the High Court's order cancelling bail, holding that non-appearance at a police station may not justify bail cancellation when the accused is appearing regularly before the Trial Court during ongoing trial.

What was the Background of Sheikh Irshad @ Monu v. State of Maharashtra (2025) Case? 

• The appellant was accused in FIR No. 102 of 2020 registered with Police Station Gittkhadan, Nagpur. 
• He was charged under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Sections 3(1)(i)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999. 
• The seized contraband was 2 kgs 728 grams of ganja, which constitutes non-commercial (intermediate) quantity. 
• The appellant had been in custody for 1 year and 11 months prior to grant of bail. 
• The High Court granted bail to the appellant on 22.08.2022 through Criminal Application (BA) No. 626 of 2022. 
• The bail order contained a condition requiring the appellant to appear before the police station on the 1st and 16th of each month. 
• The State filed Criminal Application (Appln.) No. 71 of 2023 seeking cancellation of bail due to non-compliance with this condition. 
• On 09.10.2025, the High Court of Bombay, bench at Nagpur, allowed the State's application and canceled the appellant's bail. 
• After the chargesheet was filed, the case was committed to the Court of Sessions and trial proceedings commenced. 
• The appellant was appearing regularly before the Trial Court as per the Trial Court's orders.

What were the Court's Observations? 

• The Court noted that the seized quantity was intermediate (non-commercial) and the appellant had already undergone nearly 2 years of custody before bail was granted. 
• The Court found that bail cancellation was directed merely on the pretext of non-appearance before the police station on the 1st and 16th of each month. 
• The Court observed that after chargesheet filing and committal to Sessions Court, the case was pending for trial, and the appellant was appearing before the Trial Court as per its orders. 
• The Court held that in a situation where chargesheet has been filed and trial is in progress, the direction to appear at a police station is prima facie not tenable. 
• The Court distinguished between non-appearance during trial before the Trial Court and non-appearance at the police station. 
• The Court stated that "cancellation of bail merely on the pretext of non-appearance in police station, may not be a correct approach and a good ground." 
• The Supreme Court set aside the High Court's order canceling bail. 
• The Court directed that the appellant, if on bail, shall continue to be on bail and shall appear regularly before the Trial Court until exempted by competent court order. 
• The appeal was allowed with all pending applications disposed of.

What is Bail & the Legal Provisions Related to it? 

About: 

• The term ‘Bail’ has not been defined under CrPC.  
• Only the term ‘Bailable Offence’ and ‘Non-Bailable Offence’ has been defined under Section 2(a) of the Code.

Different Types of Bail: 

• Regular Bail: The court orders the release of a person who is under arrest, from Police custody after paying the amount as bail money. An accused can apply for regular bail under Section 437 and 439 of CrPC (Section 480 and Section 483 of BNSS) 
• Interim Bail: This is a direct order by the court to provide temporary and short-term bail to the accused until his regular or anticipatory bail application is pending before the court. 
• Anticipatory Bail: A person under apprehension of arrest for a non-bailable offence may apply for anticipatory bail to the High Court or the Court of Session under Section 438 of CrPC (Section 482 of BNSS).

Bail Conditions:

• Bail conditions are stipulations imposed by courts when granting bail to ensure the accused's cooperation with the legal process. 
• Common conditions include surrendering passport, not leaving jurisdiction, appearing on specified dates, and not tampering with evidence or witnesses. 
• Courts have discretion to impose reasonable conditions based on the nature of the offense and circumstances of the case. 
• Violation of bail conditions can lead to cancellation of bail, though courts examine whether the violation is substantial and deliberate.