• Sections 439(2) and 408 CRPC Cancellation of bail and transfer of case When cancellation of bail is sought on ground that liberty has been misused by accused, application would lie before the same Court – If cancellation is sought on ground that bail has been erroneously granted without considering material on record, then application would lie before superior Court – Merely because an unfavourable order has been passed, it cannot be a ground to transfer the case. [Paras 12 and 14]
JAGDISH vs STATE OF MP CRLAR 3364/22 19/09/22 [ AHLUWALIA JJ ]
[ MADHYA PRADESH HIGH COURT ]