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february 1958

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.

TALAB HAJI HUSSAIN vs MADHUKAR PURSHOTTAM MONDKARAND ANOTHER · Niyam