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ANIL KUMAR CHOUDHARY
Tanya Basu @ Bose W/o Ashok Bosh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for quashing the order dated 05.09.2022 passed in Cr. Misc. Case No. 57 of 2021 by which the learned Judicial Commissioner, Ranchi has cancelled the anticipatory bail granted to the petitioner vide A.B.P. No. 2129 of 2019 on the sole ground that the petitioner had failed to keep up his promise to repay Rs.8,00,000/- in terms of the settlement arrived at between the parties at the Mediation Center, Ranchi.
3. Learned counsel for the petitioner relied upon the judgment of Hon’ble Supreme Court of India in the case of Biman Chatterjee vs. Sachita Chatterjee and Another, (2004) 3 SCC 388, paragraph no. 7 of which reads as under:
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.
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 ....
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-compliance with mediation terms; substantial grounds are required for cancellation.
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.
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 ....
Bail once granted to an accused person cannot be cancelled unless he violates the condition of the bail or does any act, deed, or thing to impede a fair trial of the case concerned.
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