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ANIL KUMAR CHOUDHARY
Deepak Kumar Choubey @ Dipak Kumar Choubey, S/o. Vijay Kumar Choubey – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. jurisdiction invoked for bail cancellation. (Para 2 , 3) |
| 2. arguments on legitimacy of bail cancellation. (Para 4 , 5 , 6) |
| 3. legal principles governing bail cancellation. (Para 7 , 8 , 9) |
| 4. order of bail cancellation is quashed. (Para 10) |
| 5. grant of bail with new conditions. (Para 11 , 12) |
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 grante
Anticipatory bail cannot be cancelled solely for non-compliance with mediation compromise terms like cheque dishonour, absent bail condition violation or liberty misuse; mediation communications conf....
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.
Anticipatory bail cannot be cancelled solely for violation of mediation compromise terms, as such communications are confidential and inadmissible under Mediation Act, 2023; cancellation must follow ....
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.
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