In a significant ruling, the Madhya Pradesh High Court has determined that the automatic cancellation of bail for failing to adhere to its conditions is not permissible under Indian law. The court emphasized that any order affecting an individual’s freedom must be issued only after the person has been given a reasonable opportunity to be heard.
Justice Vishal Dhagat, who presided over the matter, stated that automatically cancelling bail without a hearing violates the fundamental rights of the accused. The court’s judgment clarified that such a condition cannot be part of a bail order, as it would deny the accused the valuable right of natural justice.
The case in question involved an accused who had been granted bail in November 2021 with specific conditions, including the requirement to deposit ₹10 lakhs before the trial court and to mark his presence before the police monthly. However, after missing his appearances in January and February 2022, the High Court had initially ordered his arrest, asserting that his bail was automatically cancelled due to non-compliance.
The accused, hailing from Banaras, Uttar Pradesh, contended that it took him four days to travel to meet the bail conditions, prompting his request for modification of the original bail order. After the court dismissed this plea, he sought to have the dismissal order recalled, arguing that the cancellation of his bail was unjust.
In its recent ruling, the court highlighted that while it is generally barred from reviewing or altering its orders, there are exceptions—particularly when fundamental rights are at stake. The court concluded that the automatic cancellation of the accused’s bail was a violation of his rights and recalled the order. The application seeking modification of the bail conditions is now set to be restored and reconsidered.
This case serves as a critical reminder of the importance of safeguarding the rights of individuals within the legal system.
