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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Subodh Kumar @ Subhodh Kumar S/o Late Rameshwar Prasad – 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 CrPC with the prayer for quashing and setting aside the order dated 09.05.2022 passed by learned CJM, Jamshedpur whereby and whereunder, the bail of the petitioner was cancelled consequent upon his not appearing before the trial court on four consecutive dates nor his lawyer taking any step on his behalf and issued the non-bailable warrant against him in connection with Mahila P.S. case no. 06 of 2017 corresponding to G.R. case no. 581 of 2017 and also to quash the order dated 25.01.2023 passed by learned Sessions Judge, East Singhbhum at Jamshedpur in Cr. Rev. 288 of 2022 which was dismissed by learned Sessions Judge, Jamshedpur.
3. The brief fact of the case is that the petitioner was admitted to bail by learned Judicial Magistrate in terms of the order dated 18.12.2018 passed by the co-ordinate Bench of this Court in ABA No. 957 of 2018. After being granted bail, the petitioner submitted bail bond in the court of learned JMFC with sureties and in the bail bond, he undertook to appear before the trial court on each
The court established that failing to appear in court when granted bail violates bail conditions, leading to potential cancellation of bail.
Accused released on bail must comply with the conditions of the bail bond, including appearing in court as directed, especially in cases involving non-bailable offences.
Compliance with court orders is essential for an accused on bail, and the power of revision does not extend to interlocutory orders.
Bail cancellation invalid without deciding accused's representation application when no prior personal appearance direction exists, and solely for not furnishing pending appeal status, absent violati....
(1) Cancellation of bail – Bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair tr....
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.
The cancellation of bail requires justifiable grounds, and mere absence from proceedings does not suffice for punitive measures.
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