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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Sarika Chaudhary – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J. (Oral)
Present petition has been filed under Section 439(2) of Cr.P.C. of 1973, for cancellation of bail granted to respondent No.2 vide order dated 03.02.2023 (Annexure P-4) passed by Additional Sessions Judge-cum-Exclusive Court for Fast Tracking of Heinous Crimes against Women, Karnal in FIR No.248 dated 11.12.2022 registered for offences punishable under Sections 328 (later on deleted) 376, 506 of IPC and Section 67-A of IT Act (added later on) at Police Station Women, Karnal.
2. The petitioner is a complainant in the case in question which has been registered, primarily, on the allegations of rape and criminal intimidation against the respondent No.2. Vide impugned order dated 03.02.2023, the regular bail was granted to respondent No.2; relevant whereof reads as under:
"7. After filing of this complaint, investigation was carried out. Counseling of the victim was conducted and her statement was also got recorded before the court u/s 164 Cr.P.C. The victim was also got medically examined. The statements of the witnesses were recorded. Accused Subhash Saini was arrested on 16.12.2022 and his disclosure statement was recorded. A mobile phone was recovered f
The court clarified the distinction between cancellation of bail and setting aside a bail order, emphasizing that cancellation requires supervening circumstances while setting aside challenges the me....
The main legal point established in the judgment is that the grounds for cancellation of bail must be justified under section 439(2) Cr.P.C., and the progress of the investigation and the likelihood ....
The main legal point established in the judgment is the misuse of bail and the legal principles governing the cancellation of bail.
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
Bail may be canceled when an accused violates conditions, especially if such violations threaten the integrity of a fair trial, as established by precedents.
(1) Cancellation of bail – Under normal circumstances, application for cancellation of bail filed on merits as opposed to violation of conditions of bail order should be placed before same Single Jud....
The main legal point established in the judgment is the requirement for supervening circumstances and overwhelming reasons for the cancellation of bail, as outlined in Gurbaksh Singh Sibbia v. State ....
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