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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Debashish Mahato, son of Dasrath Mahato – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. bail cancelled for breaching mediation agreement conditions. (Para 2 , 3 , 5 , 6) |
| 2. precedents prohibit bail cancellation on compromise violation. (Para 4 , 7 , 8) |
| 3. opposite party does not oppose bail restoration. (Para 9) |
| 4. compromise non-fulfilment not ground for bail cancellation. (Para 10 , 11 , 12) |
| 5. cancellation order quashed; original bail restored. (Para 13 , 14) |
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 26.11.2019 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in connection with C1-2352 of 2018, by which bail granted to the petitioner by learned Sessions Judge, East Singhbhum, Jamshedpur in A.B.P. No. 729 of 2019 vide order dated 28.06.2019 has been cancelled.
3. The brief fact of the case is that bail granted to the petitioner has been cancelled only because the petitioner allegedly did not fulfill the conditions of the bail and breached the agreement made between the parties in Mediation Centre; as the accused husband is not maintaining
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.
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....
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-compliance with mediation terms; substantial grounds are required for cancellation.
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 without substantial evidence of wrongdoing or interference with the investigation.
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