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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Rajesh Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
The instant petition has been filed under Section 439(2) read with Section 482 Cr.P.C. for cancellation of anticipatory bail granted to respondents No.2 to 13 vide order dated 17.10.2016 passed by this Court in CRM-M-22494 of 2016 pertaining to case FIR No.389 dated 02.03.2016 under Sections 148, 149, 323, 506 IPC, 1860 (Sections 325, 307 IPC added later on), registered at Police Station Kalanaur, District Rohtak.
2. Learned counsel for the petitioner has, at the outset, invited the attention of this Court to the order dated 17.10.2016 (Annexure P-2) passed by this Court, vide which the private respondents (accused) in FIR No.389 dated 02.03.2016 were extended the concession of anticipatory bail. It has been submitted that while granting anticipatory bail, the private respondents had furnished a categorical undertaking through their counsel that they would not enter village Baniyani during the pendency of the trial, however, it has been contended that the private respondents have flagrantly violated this undertaking by not only residing in the said village in clear defiance of the order of this Court but had also indulged in an assault upon the compla
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.
Violation of the terms of the Memorandum of Understanding can lead to the cancellation of anticipatory bail.
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....
Cancellation of anticipatory bail requires substantial grounds; mere non-compliance with settlement terms does not justify cancellation without evidence of misconduct.
Caution should be exercised in cancelling bail, and evidence of breach of bail conditions or perversity in the bail order is required for cancellation.
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