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I strongly contested anticipatory bail of accused, however, court has granted AB to accused. This accused's appln for AB was u/s 438 Cr.P.C. After 2 days of granting AB, accused applied for relaxation/modification of conditions & within 12 days, final order was given & conditions were relaxed. However, I wasn't aware of this modification since I was not party respondent but only State/Police was. Shouldn't Judge be asking for my/complainant's SAY during relaxation appln under 439(1)(b) since initially I already opposed/contested accused's AB under 438 of Cr.P.C? Is there any Supreme Court case law supporting same that says complainant should be given chance to be heard before modifying conditions as conditions involve complainant that he shouldn't be threatened, induced etc? Also, can a AB under 438 of CrPC be relaxed under 439(1)(b) of CrPC? Is there any case law for the same?
Under Section 439(1)(b) of the Code of Criminal Procedure, the court can modify the conditions of anticipatory bail if it is necessary to do so in the interests of justice. However, the court is required to give the complainant a chance to be heard before making any modifications. Gulshan v. State of Punjab 2010 Supreme Court held that "the complainant should be given an opportunity to be heard before modifying the conditions of bail granted to the accused." For further enquiry contact us on helpline number.