Supreme Court of India · 1958-02-07
TALAB HAJI HUSSAIN vs MADHUKAR PURSHOTTAM MONDKARAND ANOTHER
- Citation / case number
- SC 1958/138
- Court
- Supreme Court of India
- Petitioner
- TALAB HAJI HUSSAIN
- Respondent
- MADHUKAR PURSHOTTAM MONDKARAND ANOTHER
- Bench
- GAJENDRAGADKAR, P.B.
Judgment text excerpt
The Supreme Court held that while a person accused of a bailable offence under Section 496 of the Code of Criminal Procedure is entitled to bail, if subsequent conduct is prejudicial to a fair trial, the right to bail can be forfeited. The Court affirmed the High Court's inherent power under Section 561A to cancel bail in such circumstances, emphasizing that this power must be exercised with caution and only when justified. The appeal against the High Court's order cancelling bail was dismissed, upholding the principle that bail can be revoked if the accused's conduct warrants it.