1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 30 OF 2024
(Arising out of SLP(Crl.) No. 12097 of 2023)
AKHTARMIYA ANWARMIYA MALEK Appellant(s)
VERSUS
MOSHINMIYA NABIMIYA MALEK & ORS. Respondent(s)
O R D E R
1. Leave granted.
2. This appeal takes exception to the order dated 8 th August 2023 passed by the High Court of Judicature at Ahmedabad in R/Criminal Misc. Application No. 1907 of 2020, whereby the High Court has cancelled the bail granted by the learned 3 rd Additional Sessions Judge, Anand, Gujarat to the appellant in Criminal Miscellaneous Application No. 53 of 2020.
3. Ms. Deepanwita Priyanka, learned counsel appearing for the respondent-State vehemently supports the impugned order and she further states that the appellant has indulged in criminal activity after he was granted bail by the 3 rd Additional Sessions Judge.
4. The considerations for grant of bail and cancellation of bail are totally different.
5. The Court would be entitled to cancel the bail already granted. It is found that the
appellant has misused the liberty by attempting to influence the witnesses or tampering with the evidence or violated the conditions imposed at the time of grating of bail.

6. By the impugned order, the High Court has cancelled the bail on the ground that the learned 3 rd Additional Sessions Judge did not consider certain aspects while granting bail. While exercising the jurisdiction of cancellation of bail, the High Court could not have sat in an appeal over the discretion exercised by the learned 3 rd Additional Sessions Judge, unless it was found that the discretion exercised was exercised in an improper manner.
7. In that view of the matter, we are inclined to allow the appeal and the impugned order dated 8 th August 2023 is quashed and set aside.

8. Pending applications, if any, stand disposed of.

…………………….J
(B.R. GAVAI)
…………………….J
( SANDEEP MEHTA )
New Delhi
January 03, 2024

4
ITEM NO.9 COURT NO.3 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 12097/2023
(Arising out of impugned final judgment and order dated 08-08-2023
in CRLMA No. 1907/2020 passed by the High Court Of Gujarat At
Ahmedabad)
AKHTARMIYA ANWARMIYA MALEK Petitioner(s)
VERSUS
MOSHINMIYA NABIMIYA MALEK & ORS. Respondent(s)
(IA No. 193507/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT AND IA No. 193517/2023 – EXEMPTION FROM FILING O.T.)

Date : 03-01-2024 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE B.R. GAVAI
HON’BLE MR. JUSTICE SANDEEP MEHTA
For Petitioner(s)
Mr. Akshay, Adv.
Mr. Divyanshu Rai, AOR

For Respondent(s)
Ms. Deepanwita Priyanka, AOR

UPON hearing the counsel the Court made the following
O R D E R
1. Leave granted.
2. The appeal is allowed in terms of the signed order.
3. Pending application(s), if any, stand disposed of.
(DEEPAK SINGH) (ANJU KAPOOR)
COURT MASTER (SH) COURT MASTER (NSH)
[Signed order is placed on the file]