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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Shivnarayan Yadav son of Subodh Yadav – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition challenges anticipatory bail cancellation order. (Para 1 , 2 , 3) |
| 2. bail cannot be cancelled solely for compromise non-fulfilment. (Para 4 , 5) |
| 3. bail conditions violation justifies cancellation. (Para 6) |
| 4. non-compliance with mediation terms not valid cancellation ground. (Para 7 , 8) |
| 5. mediation act prohibits using confidential communications as evidence. (Para 9) |
| 6. cancellation order quashed; bail restored. (Para 10 , 11 , 12) |
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 with the prayer to quash the order dated 22.06.2023 passed in Criminal Miscellaneous Case No. 48 of 2023 arising out of Argora P.S. Case No. 287 of 2021 of the court of the learned Judicial Commissioner, Ranchi.
3. The brief fact of the case is that the petitioner was given the privileges of anticipatory bail vide the order dated 28.06.2022 passed in A.B.P. No. 1259 of 2022 in connection with Argora P.S. Case No. 287 of 2021. Vide the impugned order dated 22.06.2023 in Criminal Miscellaneous Case No. 48 of 2023, the learned Judicial
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.
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 ....
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