Mere non-appearance could not be a ground for cancellation of bail: Supreme Court

New Delhi, Jan 29 (IANS) The Supreme Court has laid down that mere non-appearance of an accused personally before a court could not be a ground for cancellation of bail.

Saying that parameters for grant of bail and cancellation of bail are “totally different”, a bench presided over by Justice BR Gavai held that bail already granted may be cancelled, if it is found that the person who has been granted the benefit of bail has violated any of the conditions or misused the liberty by influencing the witnesses or tampering with the evidence.

The bench, also comprising Justices Sanjoy Karol and Sandeep Mehta, said that nothing of such sort is recorded in the impugned judgment as it set aside the September 2023 order passed by the Calcutta High Court.

Cancelling bail and issuing non-bailable warrant for apprehension of accused, a bench of Justices Joymalya Bagchi and Gaurang Kanth of the Calcutta High Court had said that failure to appear despite repeated directions for personal appearance exposes an insolent stance to evade the process of law.

Before the apex court, the appellant contended that he could not attend the High Court as there was traffic jam due to VIP movements and he withdrew Vakalatnama (power of attorney) of his lawyer on an earlier day.