MP HC says automatic bail cancellation against natural justice, fundamental rights

The court was dealing with the 2022 high court order to the police to arrest an accused in connection with a cheating case after holding that his bail “automatically stood cancelled” for failing to appear before the police, a bail condition set by the high court.

In November 2021, while granting him bail, the high court had directed the accused to deposit Rs 10 lakh before the trial court and mark his presence before the police on the 15th of every month.

The order also stated that if he failed to mark even a single appearance, his “bail would stand automatically cancelled.”

The accused, who failed to appear before the police on two occasions in January and February 2022, applied for a modification of the bail conditions in the 2021 order.

Dismissing the modification plea in March 2022, the court ordered the police to arrest the accused.
He filed another plea to recall the dismissal order.

The accused submitted before the court that being a resident of Banaras, it takes him four days to travel and mark his presence before the police.

Opposing his application, the state argued that the high court has powers to impose conditions while granting bail.