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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Dharam Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
Present petition has been filed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') read with Section 528 of BNSS for cancellation of anticipatory bail granted to respondent No.2 by learned Additional Sessions Judge, Faridabad vide order dated 17.02.2025 (Annexure P-4), in FIR No.12 dated 24.01.2025 under Sections 406, 420 & 506 of the Indian Penal Code, 1860 (for short 'IPC'), registered at Police Station BPTP, Faridabad.
2. Learned counsel for the petitioner, inter alia, contends that respondent No.2 introduced the petitioner to proprietor of a real estate firm and on the basis of his inducement, the petitioner paid Rs.25.00 lakhs. He assured the petitioner that remaining amount will be invested in another plot to be purchased in 50% partnership in the name of both the petitioner and respondent No.2. He also promised that till the possession is given by the company, the amount invested by the petitioner would be doubled. On the false assurance made by respondent No.2, the petitioner transferred Rs.25.00 lakhs from his bank account on 17.10.2022 through RTGS. Thereafter, when respondent No.2 filed an application f
Cancellation of bail requires evidence of misuse or significant change in circumstances; personal liberty must not be revoked arbitrarily.
Cancellation of anticipatory bail requires substantial grounds; mere non-compliance with settlement terms does not justify cancellation without evidence of misconduct.
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.
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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