Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Manish Koomar @ Manish Kumar S/o Bhim Munda – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. anticipatory bail granted via mediation; cancelled for dishonoured cheques. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. bail cancellation untenable solely for compromise non-compliance. (Para 7 , 8 , 9 , 10) |
| 3. bail cancellable for misuse of liberty or condition violation. (Para 11 , 12 , 13) |
| 4. no bail violation; mediation act bars compromise enforcement for cancellation. (Para 14 , 15 , 16 , 17) |
| 5. cancellation order quashed; anticipatory bail restored. (Para 18 , 19) |
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 of the Code of Criminal Procedure, 1973 with the prayer to quash the order dated 29.09.2022, passed by the Judicial Commissioner, Ranchi in Criminal Miscellaneous Case No. 212 of 2018, whereby and whereunder the learned Judicial Commissioner, Ranchi has cancelled the anticipatory bail granted by it to the petitioner on the ground that the petitioner who is an accused person of Argora P.S. Case No. 133 of 2017 has violated the condition on the basis of which anticipatory bail was granted to the petitioner.
3. The brief fact of the case is that the pet
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....
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 ....
Bail cannot be cancelled solely for non-compliance with mediation terms; substantial grounds are required for cancellation.
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.
Bail once granted to an accused person cannot be cancelled unless he violates the condition of the bail or does any act, deed, or thing to impede a fair trial of the case concerned.
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
