Supreme Court Holds High Courts’ Inherent Power Available to Cancel Bail Even After Sessions Court Rejects Plea Under Section 439(2) CrPC

The Supreme Court clarified an important aspect of criminal procedure concerning cancellation of bail. It held that even when a Sessions Court dismisses a cancellation application under Section 439(2) CrPC, the High Court continues to retain inherent powers under Section 482 to intervene. The Court reasoned that High Courts, being constitutional courts, possess broad supervisory jurisdiction that cannot be curtailed by procedural limitations. The case involved a challenge to a bail order that was allegedly granted without proper judicial application. The Supreme Court emphasized that while bail cancellation must be based on cogent grounds such as misuse of liberty or perverse orders, denying High Courts the ability to exercise inherent jurisdiction would erode judicial safeguards. The ruling ensures that unjustified bail orders remain subject to scrutiny, reinforcing a layered system of accountability in criminal justice. Importantly, the Court urged caution, directing that such power be exercised sparingly to prevent interference with personal liberty without substantial justification.