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ANIL KUMAR CHOUDHARY
Deepak Kumar Choubey @ Dipak Kumar Choubey, S/o. Vijay Kumar Choubey – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Anil Kumar Choudhary, J.) :
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 13.04.2023 passed in Misc. Criminal Application No.337 of 2023 by which the learned Sessions Judge, Chatra has cancelled the bail granted to the petitioner vide order dated 15.02.2023 in B.P. No.84 of 2023.
3. Perusal of the record reveals that the petitioner was directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned court below and no other condition was imposed in the said bail order. It was alleged by the wife of the petitioner who was the informant of Chatra Mahila P.S. Case No.30 of 2022 in connection with which case the petitioner was granted bail by the said order, filed an application for cancellation of bail on the ground that the petitioner has failed to fulfill the condition in mediation and on that sole ground, the petition for cancellation of the bail was allowed by the learned Sessions Judge and the learned Sessions Judge, Chatra cance
Bail cannot be cancelled solely for non-fulfillment of mediation compromise terms like maintenance or cohabitation; governed by CrPC Chapter XXXIII, not promises to court.
Cancellation of anticipatory bail cannot be based solely on non-fulfillment of compromise terms, which are not recognized as valid grounds under the Criminal Procedure Code.
Bail cannot be cancelled solely for non-compliance with mediation terms; substantial grounds are required for cancellation.
Cancellation of bail based solely on non-compliance with mediation terms is untenable; mediation communications are confidential and cannot affect bail validity.
Bail cannot be cancelled solely for failing to comply with mediation terms; substantial evidence is required for cancellation.
The grant of bail under the Criminal Procedure Code cannot be cancelled solely on the ground of non-fulfilment of compromise terms.
Non-fulfilment of the terms of a compromise cannot be the basis for cancelling bail, as per the judgments in Biman Chatterjee vs. Sanchita Chatterjee and Another and Amr Chouhan @ Amar Singh Chouhan ....
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