Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mr. Justice Pradeep Kumar Srivastava, J
Dinesh Prasad Mandal – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
PRADEEP KUMAR SRIVASTAVA, J.
1. The instant application has been filed for quashing the order dated 21.01.2021 passed by learned Judicial Magistrate, Deoghar in connection with Complaint Case No. 768 of 2017, arising out of Deoghar, P.S. Case No. 145 of 2016 corresponding to G.R. case No. 365 of 2016, by which learned Judicial Magistrate, Deoghar has cancelled the bail bond furnished by the petitioner on the ground that the petitioner has not complied with the terms and conditions of anticipatory bail granted by the court of learned Sessions Judge, Deoghar in ABP No. 930 of 2019 dated 28.11.2019.
2. Learned counsel for the petitioner has submitted that petitioner, aged about 82 years, is the accused for the offence under Sections 323, 498- A of the I.P.C. and he happens to be the husband of the complainant. It is further submitted that the petitioner was granted anticipatory bail vide order dated 28.11.2019 passed by learned Sessions Judge, Deoghar in A.B.P. No. 930/2019 on the basis of settlement between the parties arrived at DLSA, Deoghar, whereby the petitioner has undertaken for payment of Rs. 15,000/- per month to his wife and children and it has regularly been paid by
Cancellation of bail cannot be based on non-payment of maintenance as per a private settlement; valid grounds must align with provisions of the Criminal Procedure Code.
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.
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 ....
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....
Cancellation of bail requires proof of misuse of liberty; without it, prior bail decisions remain undisturbed.
Bail cannot be cancelled solely for non-compliance with mediation terms; substantial grounds are 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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
