Not permissible for HC to review its own order granting bail: Supreme Court
Supreme Court of India
New Delhi: The Supreme Court has said that it is not permissible for the High Court to review its own order granting bail unless there are valid grounds available for cancellation of bail.
A bench comprising Justices Abhay S. Oka and Pankaj Mithal on Wednesday set aside an order passed by the Madhya Pradesh High Court saying that no ground was made out to cancel the bail which was granted earlier to the accused.
“Hence, the impugned order dated 31st March, 2023, is set aside and the earlier order dated 22nd February, 2023, granting bail to the appellant is restored,” the bench ordered.
In its impugned order, the High Court had cancelled the bail saying that it allowed the bail application of the accused under an assumption that the total quantity of Ganja found was 20 kg 50 gm whereas the correct quantity was of 101 Kg.