Violation of bail conditions justifies cancellation of bail, emphasizing the importance of compliance with settlement agreements.

ORDER

Date of Pronouncement :- 26 /08/2021

Order Reserved on:- 17/08/2021

Complainants Smt. Sangeeta Nowal and Smt. Sarita Nowal have approached this Court through this application filed under Section 439 (2) Cr.P.C . seeking cancellation of conditional bail granted to the accused-respondent Satyanarayan Gupta by this Court vide order dated 30.05.2019 in connection with FIR No. 170/2018, registered at Police Station Bhatta Basti, Jaipur for the offences punishable under Sections 420 and 406 of the IPC. The misc. applications (Nos. 498/2019 and 24/2020) have been filed by the accused Satyanarayan Gupta seeking extension of time for payment of installments as per the conditions of bail order.

It may be stated here that the accused Satyanarayan Gupta was arrested in connection with FIR No.170/2018, lodged by Smt. Sangeeta Nowal and Smt. Sarita Nowal alleging that the accused, cheated them by giving fraudulent inducement and thereby, defrauded them of a huge sum of money running into crores of rupees. The accused was arrested in connection with the said FIR. His bail application was dismissed by learned Sessions Judge, Jaipur Metropolitan vide order dated 27.05.2019 whereupon the accused approached this Court by way of S.B.

Criminal Misc. Bail application (No.7298/19) seeking regular bail.

The matter was taken up on 29.05.2019 and this Court directed the parties to make an effort for settlement of the dispute by mediation. The Court requested learned counsel representing the parties to make sincere efforts and in compliance of such direction, the matter was settled and a formal settlement was drawn up. The bail application preferred by the accused Satyanarayan Gupta was allowed in the following terms :-

“In pursuance of the above, the accused represented by Sh. S.S. Hora, Advocate, assisted by daughter of the accused present in the Court and complainants represented by Sh. Sudhir Jain and Sh. R.K. Daga, Advocates assisted by husband of one of the complainants held deliberations. The efforts of settlement prove successful and a written compromise deed has been filed on record which shall constitute a part of this order. It is made clear that in case the accused resiles or fails to comply with any of the terms and conditions as agreed before this Court, the complainant/complainants shall be at liberty to seek cancellation of the bail granted to the petitioner by this Court. In view of the settlement arrived at between the parties, the bail application deserves to be allowed.

In this background and having regard to the entirety of facts and circumstances as available on record and upon consideration of the arguments advanced at the Bar, this Court is of the opinion that the petitioner deserves to be enlarged on bail.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Satynarayan Gupta S/o Shri Radheyshyam Gupta arrested in connection with FIR No.170/2018 registered at the Police Station Bhatta Basti, Jaipur shall be released on bail; provided he furnishes a personal bond of Rs.10,00,000/- and two surety bonds of Rs.5,00,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. It is made clear that before verifying the bail bonds of the accused, the trial Court shall ensure that post-dated cheques referred to in the order are handed over to the complainant concerned. The hand written agreement which is filed by counsel for the parties shall form part of the record.”

(Emphasis supplied)

It appears that the accused could not honour the terms and conditions of the agreement and accordingly, two separate misc. applications (No. 498/2019 and 24/2020) were moved on his behalf by counsel Shri S.S. Hora for extension of time to ensure compliance. The complainant also approached this Court by way of the application for cancellation of bail granted to the acc