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MANJARI NEHRU KAUL
Pritpal Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
1. The present petition has been filed under Section 483 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking the cancellation of anticipatory bail granted to respondents No. 2 and 3 vide order dated 18.10.2024 by the learned Trial Court, who stand accused in case FIR No. 120 dated 28.09.2024 under Sections 420 , 120-B of the IPC registered at Police Station E-Division, District Amritsar.
2. The petitioner (complainant) alleges that the private respondents entered into an agreement to sell a commercial property, accepted and an earnest money deposit of approximately Rs.52 lakhs, and thereafter reneged on their commitment, thereby committing fraud and cheating upon the petitioner.
3. It has been contended by the learned counsel for the petitioner that vide order dated 07.10.2024, the private respondents were granted the concession of interim bail and asked to join investigation within 7 days and cooperate with the investigating agency. The learned Trial Court concerned initially dismissed the anticipatory bail application of the private respondents on 16.10.2024 vide Annexure P-3, due to their alleged failure to comply with the direction to joi
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.
Cancellation of bail requires evidence of misuse or significant change in circumstances; personal liberty must not be revoked arbitrarily.
The court emphasized that the misuse of anticipatory bail by the accused justifies its cancellation to protect the complainant's life and liberty.
Cancellation of anticipatory bail requires substantial grounds; mere non-compliance with settlement terms does not justify cancellation without evidence of misconduct.
The significance of statements recorded under Section 164 and Section 161 of the Criminal Procedure Code in considering applications for anticipatory bail cancellation.
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