MANJARI NEHRU KAUL
Chamkaur Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Manjari Nehru Kaul, J.
The petitioner is seeking cancellation of anticipatory bail granted by learned Additional Sessions Judge, Amritsar to respondents No.2 to 4 vide order dated 01.09.2023 (Annexure P-2) in case FIR No.46 dated 11.06.2023 registered under Sections 323/324/506/148/149 of the IPC (Sections 326/307 of the IPC added lateron) at Police Station Ramdas, District Amritsar Rural.
2. This Court on 10.10.2023 had noticed the following contentions of the learned counsel for the petitioner-complainant:-
The court emphasized that the misuse of anticipatory bail by the accused justifies its cancellation to protect the complainant's life and liberty.
A Criminal Court can rectify its own orders in exceptional circumstances to prevent miscarriage of justice, despite generally lacking review power, when errors arise beyond the party's control.
Anticipatory bail can be canceled based on subsequent violent conduct, reflecting misuse of the privilege and increasing risks of evidence tampering.
Cancellation of bail requires evidence of misuse or significant change in circumstances; personal liberty must not be revoked arbitrarily.
The main legal point established in the judgment is the requirement for candid disclosure of relevant and material facts when seeking anticipatory bail, as well as the need for substantial evidence t....
Caution should be exercised in cancelling bail, and evidence of breach of bail conditions or perversity in the bail order is required for cancellation.
The main legal point established in the judgment is the need for proper consideration of material on record while granting anticipatory bail and the importance of overwhelming circumstances for cance....
Cancellation of anticipatory bail requires compelling reasons which were not established in this case.
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