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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Amrik Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present revision petition has been preferred against impugned order dated 05.09.2023 passed by the learned Additional Sessions Judge, Amritsar whereby the anticipatory bail granted to the petitioner, in the case stemming from FIR No.154 dated 20.06.2020 registered under Sections 307 , 324, 323, 148, 149 of the Indian Penal Code, 1860 (hereinafter ‘ IPC ’) and Section 25 of the Arms Act, 1959 (hereinafter ‘Arms Act’) at Police Station Kathu Nangal, District Amritsar, has been cancelled.
2. The FIR(supra) was registered against the petitioner while a cross- version was got registered by him against the complainant party vide GD No.24 dated 03.07.2020 under Sections 326 , 325, 324, 323, 427, 506, 148, 149 IPC . Subsequently, the petitioner applied for anticipatory bail, which was granted vide order dated 04.11.2020 (Annexure P-3) and made absolute vide order dated 16.11.2020 (Annexure P-4) passed by the learned Court below. A compromise was also affected between the parties and the parties moved petition bearing no. CRM-M-29420-2020 and CRM-M-27723-2020, in order to have the FIR(supra) and DDR(supra) quashed, respectively. During the pendency o
Anticipatory bail can be canceled based on subsequent violent conduct, reflecting misuse of the privilege and increasing risks of evidence tampering.
The court emphasized that the misuse of anticipatory bail by the accused justifies its cancellation to protect the complainant's life and liberty.
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....
Bail should not be cancelled mechanically; serious allegations and proper reasoning are essential for cancellation, and the learned Trial Court's discretion must be respected unless perverse.
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