Gulabrao Baburao Deokar v. State of Maharashtra, (2013) 16 SCC 190 : (2014) 6 SCC (Cri) 232 : 2013 SCC OnLine SC 1116 at page 204
27. Thus it could certainly be said that the order passed by the Sessions Judge was an order passed in breach of the mandatory requirement of the proviso to Section 439(1) CrPC. It is also an order ignoring the material on record, and therefore without any justification and perverse. As held by this Court in Puran v. Rambilas [(2001) 6 SCC 338 : 2001 SCC (Cri) 1124] , the High Court does have the power under Section 439(2) CrPC to set aside an unjustified, illegal or perverse order granting bail. This is an independent ground for cancellation as against ground of the accused misconducting himself.
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