Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Debashish Mahato, son of Dasrath Mahato – 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 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 the complainant nor he is residing with her.
4. It is submitted by the learned counsel for the petitioner that the petitioner was granted anticipatory bail vide order dated 28.06.2019 in A.B.P No. 729 of 2019 by the learned Sessions Judge, East Singhbhum at Jamshedpur on furnishing bail bond of Rs.10,000/- with two sureties of like amount each and one of the conditions shall be that the hus
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.
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.
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.
The court established that failing to appear in court when granted bail violates bail conditions, leading to potential cancellation of bail.
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
