On February 22, the Bombay High Court revoked the bail of a Pune man in an Instagram blackmail case. The man had threatened to share inappropriate photos of a minor girl unless she complied with his demands. Despite applying for bail earlier, it was found that he already had bail from a Pune Sessions Court, which he didn’t disclose. This lack of transparency led to the bail revocation by Justice Prithviraj Chavan.
Mumbai, Maharashtra: On February 22, the Bombay High Court recently revoked the bail of a Pune man, mandating his immediate surrender to the Principal District Judge for incarceration until his trial concludes. This decision came after the court discovered that it had been misled during the bail proceedings.
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Justice Prithviraj Chavan presided over the case involving a man accused of blackmailing a minor girl through Instagram. The man had engaged in conversations with the girl, during which he proposed marriage, only to later threaten to disclose their interactions unless she sent him inappropriate photos. These photos were subsequently shared with his friends, leading to their widespread dissemination on WhatsApp and the eventual legal action against him in 2022.
Despite applying for bail in April 2022, the absence of legal representation at the scheduled hearing delayed the process. It was later revealed by Additional Public Prosecutor Ashish Satpute that the accused had been granted bail by a Pune sessions court in June 2022, a fact not disclosed to the High Court. This oversight led to the cancellation of the bail by Justice Chavan, who found the failure to inform the court of the existing bail a serious breach of judicial integrity.
The case emphasized the importance of transparency and honesty in legal proceedings, as the accused’s attempt to secure bail through misleading means ultimately resulted in the revocation of his freedom pending trial.
Cancellation of bail is indeed governed by sections 437(5) and 439(2) of the Code of Criminal Procedure (Cr.PC) in India.
Section 437(5) of the Cr.PC empowers a court that granted bail to cancel it in certain circumstances, including if it finds that there has been a violation of the conditions of bail.
Section 439(2) of the Cr.PC grants the High Court or the Court of Session the authority to cancel bail granted by a lower court if it finds that the bail was granted improperly or if the conditions of bail are not being complied with.
The Bombay High Court is set to continue deliberations on this matter on February 26, as the legal community watches closely.
