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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mr. Justice Pradeep Kumar Srivastava, J
Fulwanti Devi @ Phulwanti Devi, Wife Of Ishwari Prasad Sahu – Appellant
Versus
State Of Jharkhand – Respondent
ORDER :
PRADEEP KUMAR SRIVASTAVA, J.
I.A. No. 3503 of 2022
1. I.A. No. 3503 of 2022 has been filed on behalf of legal heirs of petitioner no. 1 for intervention in the matter as petitioner no. 1 died during pendency of this criminal miscellaneous petition.
2. It appears that on the points raised by the petitioners and the issues involved in this case, there is no need to implead the interveners (legal heirs of deceased petitioner no. 1) and hear them in the matter.
3. Therefore, I.A. No. 3503 of 2022 stands disposed of.
Cr. M.P. 1040 of 2019
4. The instant application has been filed for quashing the order dated 15.03.2019 passed in Criminal Miscellaneous No. 56 of 2018, arising out of Sukhdeo Nagar (P) P.S. Case No. 21 of 2015, corresponding to G.R. case No. 5735 of 2015, related to ABP No. 1459/2015 & 1510/2015 passed by learned Judicial Commissioner, Ranchi, by which learned Judicial Commissioner, Ranchi has cancelled the Anticipatory Bail granted to the petitioners.
5. Learned counsel for the petitioners has further submitted that petitioners were granted anticipatory bail vide common order dated 31.05.2017 passed by learned Judicial Commissioner, Ranchi in A.B.P. No. 1510 of 2015 and A
Cancellation of bail requires clear justification and cannot be done mechanically without considering supervening circumstances.
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 ....
Cancellation of anticipatory bail requires substantial grounds; mere non-compliance with settlement terms does not justify cancellation without evidence of misconduct.
A Criminal Court can rectify its own orders in exceptional circumstances to prevent miscarriage of justice, despite generally lacking review power, when errors arise beyond the party's control.
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-fulfillment of mediation compromise terms like maintenance or cohabitation; governed by CrPC Chapter XXXIII, not promises to court.
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