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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Prosenjeet Ghosh, son of Arun Ghosh – 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, 1973 with the prayer to quash the order dated 19.01.2023 passed by the learned Additional Sessions Judge-IV-cum-Special Judge (FTC) (CAW), Jamshedpur in Criminal Misc. Case No.31 of 2022 arising out of Kadma P.S. Case No.187 of 2020 corresponding to G.R. Case No.898 of 2021 whereby and where under the learned Additional Sessions Judge-VII cum-Special Judge (FTC) (CAW), Jamshedpur has cancelled the anticipatory bail granted to the petitioner vide order dated 02.03.2021 passed in A.B.P. No.225 of 2021.
3. The brief facts of the case is that the petitioner was granted the privileges of anticipatory bail by the learned Additional Sessions Judge- VII, Jamshedpur vide order dated 02.03.2021 in A.B.P. No.225 of 2021 subject to the condition that the petitioner will not violate the terms and conditions agreed upon in the mediation settlement agreement, failing which the informant shall have the liberty to move the competent authority for cancellation of the bail. One of the conditions imposed w
Bail cannot be cancelled solely for non-compliance with mediation terms; substantial grounds are required for cancellation.
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 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.
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 bail based solely on non-compliance with mediation terms is untenable; mediation communications are confidential and cannot affect bail validity.
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