An appellate court or a superior court can set aside the order granting bail, if the court granting bail did not consider relevant factors: Supreme Court

The SC on July 26, 2021 {M/s Supreme Bhiwandi Wada Manor Infrastructure Pvt. Ltd. vs. The State of Maharashtra & Anr.} held that Section 156 Cr.PC. primarily deals with the powers of the police officer to investigate cognizable cases. It was held that while passing an order under Section 156(3), the Magistrate does not take cognizance as the order of the Magistrate is in the nature of ―a pre-emptory reminder or intimation to the police to exercise their primary duty and power of investigation. It was held that the power of the Magistrate under Section 156(3) is not affected by the provisions of Section 202. 

It was held by the Bench, comprising of Justice Dr. Dhananjaya Y. Chandrachud  & Justice M.R. Shah that an appellate court or a superior court can set aside the order granting bail if the court granting bail did not consider relevant factors. 

It was further held that there are serious allegations against the respondent – accused of a fraudulent misappropriation of amounts intended to be paid by the company to the farmers affected by the work of road widening being undertaken by the complainant. It was held that the FIR sets out details of the alleged acts of fraud and misappropriation of funds. It was held having regard to the seriousness of the allegations no case for anticipatory bail was made out. It was held that the High Court has erred both in law and in its evaluation of the facts. 

The SC accordingly allowed these appeals and set aside the orders of the High Court. The orders granting anticipatory bail under Section 438 to the respondent/accused were accordingly stood set aside. The appeals were allowed by the SC.