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Judgment
SUMEET GOELSUMEET GOEL, J. (Oral)
Present petition has been filed under Section 439(2)Present petition has been filed under Section 439(2) of Cr.P.C./of Cr.P.C./ 483(3)483(3) ofof BNSSBNSS seekingseeking cancellationcancellation ofof anticipatory bailbail grantedgranted toto respondent No.2 vide order 16.03.2026 passed by this Court in FIR No.117respondent No.2 vide order 16.03.2026 passed by this Court in FIR No.117respondent No.2 vide order 16.03.2026 passed by this Court in FIR No.117respondent No.2 vide order 16.03.2026 passed by this Court in FIR No.117 dated 11.10.2018 registered for offences punishable under Sections 323,dated 11.10.2018 registered for offences punishable under Sections 323,dated 11.10.2018 registered for offences punishable under Sections 323,dated 11.10.2018 registered for offences punishable under Sections 323, 324, 325, 326, 427, 34 of IPC of IPC (Sections 307, 148, 149 of IPC deleted324, 325, 326, 427, 34 of IPC of IPC (Sections 307, 148, 149 of IPC deleted324, 325, 326, 427, 34 of IPC of IPC (Sections 307, 148, 149 of IPC deleted324, 325, 326, 427, 34 of IPC of IPC (Sections 307, 148, 149 of IPC deleted later on) at Policlater on) at Police Station Shree Hargobindpur, Police District Batala,e Station Shree Hargobindpur, Police District Batala,e Station Shree Hargobindpur, Police District Batala, District Gurdaspur.District Gurdaspur.
The relevant portion of the order passed by coordinate bench ofThe relevant portion of the order passed by coordinate bench ofThe relevant portion of the order passed by coordinate bench of this Court, reads as under:this Court, reads as under:
| Learned counsel for the petitioner submits that in pursuance to theLearned counsel for the petitioner submits that in pursuance to theLearned counsel for the petitioner submits that in pursuance to the | ||||||
| order dated 21.01.2026, the petitioner has joined the investigation. | order dated 21.01.2026, the petitioner has joined the investigation., the petitioner has joined the investigation. | |||||
| Learned State counsel has produced a short reply, which is takenhas produced a short reply, which is takenhas produced a short reply, which is taken | ||||||
| On instructions from ASI Sarvan Singh | from ASI Sarvan Singh, he does not dispute | , he does not dispute | ||||
the said fact and further submits that custodisaid fact and further submits that custodial interrogation of theal interrogation of the petitioner is not required.
| In view of the above, the order dated 2 | In view of the above, the order dated 21.01.2026 is made absolute. | .01.2026 is made absolute. | |
| Accordingly, the present petition is disposed of.”Accordingly, the present petition is disposed of.” |
LearnedLearnedLearned counselcounselcounsel forforfor thethethe petitionerpetitionerpetitioner hashashas iteratediteratediterated thatthatthat thethethe impugned orderimpugned order deserves to be recalled and the anticipatory bail granted todeserves to be recalled and the anticipatory bail granted todeserves to be recalled and the anticipatory bail granted to respondent No.2 deserves to be cancelled.respondent No.2 deserves to be cancelled.respondent No.2 deserves to be cancelled. Learned counsel has furtherLearned counsel has further iterated that thisiterated that this Court was not apprised of the complete factual backgroundnot apprised of the complete factual backgroundnot apprised of the complete factual background of the caseof the case at the time of grant of anticipatoryat the time of grant of anticipatory bail. According to learnedAccording to learned counsel, injuredcounsel, injured –– Ajit Singh has sustained multiple injuries, including ansustained multiple injuries, including ansustained multiple injuries, including an injury which, after medical examination and opinion of the doctors, wasinjury which, after medical examination and opinion of the doctors, wasinjury which, after medical examination and opinion of the doctors, wasinjury which, after medical examination and opinion of the doctors, was declared dangerous to life. Itdeclared dangerous to life. It has been furtherfurther contended that similarly onesimilarly one of the injured namelythe injured namely Avtar Singh also suffered a grievous injury.Avtar Singh also suffered a grievous injury. LearnedLearned counsel has referredcounsel has referred to the medical record and the opinion of the Medicalto the medical record and the opinion of the Medicalto the medical record and the opinion of the Medical Board to contend that the seriousness of the occurrence could not have beenBoard to contend that the seriousness of the occurrence could not have beenBoard to contend that the seriousness of the occurrence could not have beenBoard to contend that the seriousness of the occurrence could not have been ignoredignored merelymerely becausebecause thethe investinvestigatingigatingigating agencyagencyagency subsequentlysubsequentlysubsequently deleteddeleteddeleted certaincertaincertaincertain penalpenalpenalpenal provisions.provisions.provisions.provisions. LearnedLearnedLearnedLearned counselcounselcounselcounsel hashashashas furtherfurtherfurtherfurther arguedarguedarguedargued thatthatthatthat thethethethe deletiondeletiondeletion ofofof SectionsSectionsSections 307,307,307, 148148148 andandand 149149149 IPCIPCIPC vide DDRDDR No.13No.13 dateddated 07.12.2025, after a considerable lapse of time from the date of occurrence,07.12.2025, after a considerable lapse of time from the date of occurrence,07.12.2025, after a considerable lapse of time from the date of occurrence,07.12.2025, after a considerable lapse of time from the date of occurrence, is itself dis itself doubtful and contrary to the medical evidence. Itoubtful and contrary to the medical evidence. It has been furtherhas been further contendedcontended that respondent No.2 had remained out of custody for severalthat respondent No.2 had remained out of custody for severalthat respondent No.2 had remained out of custody for several years and thereafter approachedyears and thereafter approached the Court forCourt for grant of anticipatory bail onlyonly after the investigating agencyafter the investigating agency had deletedeleted the serious offences. LearnedLearned counsel hashas highlighted that subsequent tosubsequent to the release of respondent No.2of respondent No.2 on bail, he has grossly misused thehas grossly misused the same as heas he has been extending threats to thehas been extending threats to the 2026.09.09 17:14I attest to the accuracy andpetitionerpetitioner as also pressurizing them to enter into a compromisethem to enter into a compromise & to resileto resile from their statements before the trial Courtheir statements before the trial Courtheir statements before the trial Court. Learned counsel has argued thathas argued that such conduct amounts to a clear violation of the conditions of bail andsuch conduct amounts to a clear violation of the conditions of bail andsuch conduct amounts to a clear violation of the conditions of bail andsuch conduct amounts to a clear violation of the conditions of bail and constitutes a supervening circumstance warranting cancellation of bailconstitutes a supervening circumstance warranting cancellation of bailconstitutes a supervening circumstance warranting cancellation of bail.
Learned State counsel has iterated that theel has iterated that the anticipatory bail hashas been granted to respondent No. 2 by this Court after considering thegranted to respondent No. 2 by this Court after considering thegranted to respondent No. 2 by this Court after considering the fact andand circumstances of the case.circumstances of the case. Learned State counsel has further iterated thatLearned State counsel has further iterated thatLearned State counsel has further iterated that pursuant to anticipatory bail having been granted topursuant to anticipatory bail having been granted topursuant to anticipatory bail having been granted to respondent No.2, he had, he had joined the investigation and cooperated thereinjoined the investigation and cooperated thereinjoined the investigation and cooperated therein. According to learned State. According to learned State counsel, after completion of the investigation, challan qua accused Sukhdevafter completion of the investigation, challan qua accused Sukhdevafter completion of the investigation, challan qua accused Sukhdevafter completion of the investigation, challan qua accused Sukhdev Singh @ GiviSingh @ Givi (respondent No.2 herein) and Ranjit Singh @ Sonu has beenand Ranjit Singh @ Sonu has beenand Ranjit Singh @ Sonu has been submitted bsubmitted before the competent Court of jurisdiction. Furthermore,efore the competent Court of jurisdiction. Furthermore, noefore the competent Court of jurisdiction. Furthermore, material has been brought on record tomaterial has been brought on record tomaterial has been brought on record to reflect that respondent No. 2 hasNo. 2 has misused the concession of bail.the concession of bail.
Learned counsel appearing for respondent No.2 has iteratedLearned counsel appearing for respondent No.2 has iteratedLearned counsel appearing for respondent No.2 has iterated that the present petition isthat the present petition is misconceived as the petitioner has failed to makemisconceived as the petitioner has failed to makemisconceived as the petitioner has failed to make out any grounds that would warrant cancellation of anticipatory bail alreadyout any grounds that would warrant cancellation of anticipatory bail alreadyout any grounds that would warrant cancellation of anticipatory bail alreadyout any grounds that would warrant cancellation of anticipatory bail already granted bygranted by this Court. Furthermore, the order granting anticipatory bail is aCourt. Furthermore, the order granting anticipatory bail is aCourt. Furthermore, the order granting anticipatory bail is a well reasoned order which has been passed after cwell reasoned order which has been passed after cwell reasoned order which has been passed after considering the materialonsidering the material placed before the Court. According to learned counsel, the respondent No.2placed before the Court. According to learned counsel, the respondent No.2placed before the Court. According to learned counsel, the respondent No.2placed before the Court. According to learned counsel, the respondent No.2 hashashashas cooperatedcooperatedcooperatedcooperated fullyfullyfullyfully withwithwithwith thethethethe investigationinvestigationinvestigationinvestigation andandandand nononono superveningsuperveningsuperveningsupervening circumstances or misuse of liberty have been shown by the petitioner.circumstances or misuse of liberty have been shown by the petitioner.circumstances or misuse of liberty have been shown by the petitioner.circumstances or misuse of liberty have been shown by the petitioner. OnOnOnOn the strength of thethe strength of these submissions, the dismissal of the instant petition isse submissions, the dismissal of the instant petition isse submissions, the dismissal of the instant petition is prayed for.prayed for.
I have heard learned counsel for the parties and have goneI have heard learned counsel for the parties and have goneI have heard learned counsel for the parties and have gone 2026.09.09 17:14I attest to the accuracy andthrough the available records of the case.through the available records of the case.
It would be apposite to refer herein to a judgment passed byIt would be apposite to refer herein to a judgment passed byIt would be apposite to refer herein to a judgment passed by this Courtthis Court titled as Dinesh Madan vs. State of Haryana and anotherDinesh Madan vs. State of Haryana and anotherDinesh Madan vs. State of Haryana and another in CRM-M-90299029-2023, decided on 17.05.2024;, decided on 17.05.2024; relevant whereof reads asrelevant whereof reads as under:-
| The concept of “cancellation of bail” is statutorily manifestedcancellation of bail” is statutorily manifested incancellation of bail” is statutorily manifested | ||||||||||||||||
| terms of Section 439 (2) of 1973 Code.terms of Section 439 (2) of 1973 Code.terms of Section 439 (2) of 1973 Code. | This concept was embodied in theThis concept was embodied in theThis concept was embodied in the | |||||||||||||||
| earlier statute i.e. 1898 Code as wellearlier statute i.e. 1898 Code as well albeit with difference(s). | with difference(s). The ratioThe ratio | |||||||||||||||
| Gurcharan SinghGurcharan Singh | (supra) makes it clear(supra) makes it clear | |||||||||||||||
| that, in the 1898 Code, the bail granted by the High Court could be cancelledl granted by the High Court could be cancelledl granted by the High Court could be cancelled | ||||||||||||||||
| only by it & bail granted by a Sessions Court could be cancelled by suchonly by it & bail granted by a Sessions Court could be cancelled by suchonly by it & bail granted by a Sessions Court could be cancelled by such | ||||||||||||||||
| Sessions Court only.Sessions Court only.Sessions Court only. | However, Section 439(2) of 1973 Code has vestedHowever, Section 439(2) of 1973 Code has vestedHowever, Section 439(2) of 1973 Code has vested | |||||||||||||||
| power to cancel bail which has been granted “ | bail which has been granted “under this chapter” upon both | pon both | ||||||||||||||
| the High Court as also the Sessions Court. The words “ | the High Court as also the Sessions Court. The words “under this Chapter” | under this Chapter” | ||||||||||||||
| relates to Chapter XXXIII of Cr.P.C. of 1973 & hence the unequivocal resultrelates to Chapter XXXIII of Cr.P.C. of 1973 & hence the unequivocal resultrelates to Chapter XXXIII of Cr.P.C. of 1973 & hence the unequivocal result | ||||||||||||||||
| thereof is that the High Court as also the Sessions Court have requisitethereof is that the High Court as also the Sessions Court have requisitethereof is that the High Court as also the Sessions Court have requisite | ||||||||||||||||
| powers to cancel “any bail” granted by “any Court” by way of powersail” granted by “any Court” by way of powersail” granted by “any Court” by way of powers | ||||||||||||||||
| vestedvestedvested underunderunder thisthisthis Chapter.Chapter.Chapter. InInIn | otherotherother words;words;words; thethethe HighHighHigh CourtCourtCourt isisis | wellwellwell | ||||||||||||||
| empowered to cancel a bail granted by itself or by a Sessions Court or by theempowered to cancel a bail granted by itself or by a Sessions Court or by theempowered to cancel a bail granted by itself or by a Sessions Court or by the | ||||||||||||||||
| Court of a Magistrate while the Sessions Court is empowered to can | Court of a Magistrate while the Sessions Court is empowered to cancel a bail | cel a bail | ||||||||||||||
| granted by High Court or by itself or by a Magistrate. However, a Sessionsgranted by High Court or by itself or by a Magistrate. However, a Sessionsgranted by High Court or by itself or by a Magistrate. However, a Sessions | ||||||||||||||||
| CourtCourtCourt cancancan cancelcancelcancel bailbailbail grantedgrantedgranted | bybyby HighHighHigh CourtCourtCourt onlyonlyonly ononon accountaccountaccount | ofofof | ||||||||||||||
| supervening/new circumstances or on account of misconduct of such accusedsupervening/new circumstances or on account of misconduct of such accusedsupervening/new circumstances or on account of misconduct of such accused | ||||||||||||||||
| or on account of violation of any condition(s) imposed by the High Courty condition(s) imposed by the High Courty condition(s) imposed by the High Court | ||||||||||||||||
| while granting bail.while granting bail.while granting bail. | The Magistrate can, of course, cancel bail granted byThe Magistrate can, of course, cancel bail granted byThe Magistrate can, of course, cancel bail granted by | |||||||||||||||
| him but he cannot cancel a bail granted by High Court or Sessions Courthim but he cannot cancel a bail granted by High Court or Sessions Courthim but he cannot cancel a bail granted by High Court or Sessions Court | ||||||||||||||||
| exceptexcept whenwhen suchsuch accusedaccused hashas | violated/ | anyany condition(s)condition(s) | ||||||||||||||
| imposed upon by such High Court or Sessions Court while granting bail toimposed upon by such High Court or Sessions Court while granting bail toimposed upon by such High Court or Sessions Court while granting bail to | ||||||||||||||||
| such accused. This position, is indubitable, as a Magistrate has been vestedsuch accused. This position, is indubitable, as a Magistrate has been vestedsuch accused. This position, is indubitable, as a Magistrate has been vested | ||||||||||||||||
| with powers for cancellation of bail only in terms of Section 437(5) of 1973with powers for cancellation of bail only in terms of Section 437(5) of 1973with powers for cancellation of bail only in terms of Section 437(5) of 1973 | ||||||||||||||||
| Code whereas the High Court and Sessions Court have been vested withand Sessions Court have been vested withand Sessions Court have been vested with | ||||||||||||||||
| powers under Section 439 of Cr.P.C., of 1973 to cancel “any bail grantedpowers under Section 439 of Cr.P.C., of 1973 to cancel “any bail grantedpowers under Section 439 of Cr.P.C., of 1973 to cancel “any bail granted | ||||||||||||||||
| under Chapter XXXIII of 1973 Code”.under Chapter XXXIII of 1973 Code”. | ||||||||||||||||
| Section 439(2) of Cr.P.C., 1973 deals with “any person who hasSection 439(2) of Cr.P.C., 1973 deals with “any person who hasSection 439(2) of Cr.P.C., 1973 deals with “any person who has | ||||||||||||||||
| been released on bail under this Chapt | been released on bail under this Chapter” i.e. Chapter XXXIII of 1973 Code, | er” i.e. Chapter XXXIII of 1973 Code, | ||||||||||||||
| which engirths in itself, Section 438 of the Code (provision envisagingwhich engirths in itself, Section 438 of the Code (provision envisagingwhich engirths in itself, Section 438 of the Code (provision envisaging | ||||||||||||||||
| anticipatory bail/pre-arrest bail) as well. Hence such power operates inarrest bail) as well. Hence such power operates inarrest bail) as well. Hence such power operates in | ||||||||||||||||
| realm of all kinds of bails, whether regular bail or anticipatory bail.realm of all kinds of bails, whether regular bail or anticipatory bail. | Ergo,Ergo, | ||
| there is no conceptual difference between cancellation of regular bail andthere is no conceptual difference between cancellation of regular bail andthere is no conceptual difference between cancellation of regular bail and | |||
| cancellation of anticipatory bail except that a Magistrate will not havecancellation of anticipatory bail except that a Magistrate will not havecancellation of anticipatory bail except that a Magistrate will not have | |||
| statutory power to cancel an anticipatory bail granted by High Court orstatutory power to cancel an anticipatory bail granted by High Court orstatutory power to cancel an anticipatory bail granted by High Court or | |||
Sessions Court.
| At this juncture, it would be profitable to consider an issue oftenjuncture, it would be profitable to consider an issue oftenjuncture, it would be profitable to consider an issue often | |||||||||||||||||||
| springing up before Courts. Petition(s) labelled as plea(s) for “ | springing up before Courts. Petition(s) labelled as plea(s) for “cancellation | cancellation | |||||||||||||||||
| of bail” are filed in Court(s), more often than not, whether such applicant isare filed in Court(s), more often than not, whether such applicant isare filed in Court(s), more often than not, whether such applicant is | |||||||||||||||||||
| actually seeking “cancellation of bai | cancellation of bail” on account of the accused misusingon account of the accused misusing | ||||||||||||||||||
| the grant of bail or on account of any supervening developments disentitlingthe grant of bail or on account of any supervening developments disentitlingthe grant of bail or on account of any supervening developments disentitling | |||||||||||||||||||
| such accused to remain on bail OR where the plea raised is that, the bailsuch accused to remain on bail OR where the plea raised is that, the bailsuch accused to remain on bail OR where the plea raised is that, the bail | |||||||||||||||||||
| ought not to have been granted at all vide the impugned order, in t | ought not to have been granted at all vide the impugned order, in the factual | he factual | |||||||||||||||||
| conspectusconspectusconspectus ofofof suchsuchsuch case.case.case. TheTheThe 197319731973 | CodeCodeCode neitherneitherneither stipulatesstipulatesstipulates thethethe | wordswordswords | |||||||||||||||||
| aside of a bail order” but only stipulates | but only stipulates | ||||||||||||||||||
| the words “any person who has been released on bail be arrested andany person who has been released on bail be arrested andany person who has been released on bail be arrested and | |||||||||||||||||||
| There is no gainsaying that there is a foundationalis no gainsaying that there is a foundationalis no gainsaying that there is a foundational | |||||||||||||||||||
| cancellation of | bail”bail” | aside of | a baila bail | ||||||||||||||||
| order”; a difference which, by way of | , can be said to be as stark as | ||||||||||||||||||
| The Hon | RanjitRanjit | ||||||||||||||||||
| (supra) has incontestably articulated that(supra) has incontestably articulated that(supra) has incontestably articulated that | |||||||||||||||||||
| isisis soughtsoughtsought | forforfor ononon accountaccountaccount ofofof superveningsuperveningsupervening | ||||||||||||||||||
| circumstances/subsequent developments/misconduct of accused etc. whereascircumstances/subsequent developments/misconduct of accused etc. whereascircumstances/subsequent developments/misconduct of accused etc. whereas | |||||||||||||||||||
| “setting-aside of a bail order” is sought for by laying challenge to the saidis sought for by laying challenge to the saidis sought for by laying challenge to the said | |||||||||||||||||||
| bail order on ground of it being perverse or based on irrelevant material(s).bail order on ground of it being perverse or based on irrelevant material(s).bail order on ground of it being perverse or based on irrelevant material(s). | |||||||||||||||||||
| The parameters for consideration of the two are, accordingly, different andThe parameters for consideration of the two are, accordingly, different andThe parameters for consideration of the two are, accordingly, different and | |||||||||||||||||||
contrastive.
| The next aspect that craves attentio | The next aspect that craves attention is as to what are the factors | n is as to what are the factors | ||||||||
| relevant for considering of a plea for “ | relevant for considering of a plea for “cancellation of bail” or “setting-aside | aside | ||||||||
| At the very outset; it deserves to be noted that, it is too farAt the very outset; it deserves to be noted that, it is too farAt the very outset; it deserves to be noted that, it is too far | ||||||||||
| well settled a principle to be ratiocinated upon, that consider | a principle to be ratiocinated upon, that consideration(s) for | ation(s) for | ||||||||
| cancellation/settingcancellation/setting-aside | aside thereofthereof areare entirelyentirely | |||||||||
different.
| In a plea seeking “cancellation of bail” | cancellation of bail”; such applicant ought to; such applicant ought to | ||||
| show, primarily, subsequent supervening circumstances such as accusedshow, primarily, subsequent supervening circumstances such as accusedshow, primarily, subsequent supervening circumstances such as accused | |||||
| having endeavored to influence/intimidate witness(s) or accused havingd to influence/intimidate witness(s) or accused havingd to influence/intimidate witness(s) or accused having | |||||
| violated bail condition(s) or accused having committed another offence(s) orviolated bail condition(s) or accused having committed another offence(s) orviolated bail condition(s) or accused having committed another offence(s) or | |||||
| accused having secured bail by misrepresenting/concealing material fact(s)accused having secured bail by misrepresenting/concealing material fact(s)accused having secured bail by misrepresenting/concealing material fact(s) | |||||
| or bail having been granted in ignorance/violatio | or bail having been granted in ignorance/violation of statutory provisions | n of statutory provisions | |||
| and factors of akin nature. The Hon’ble Supreme Court in the case ofand factors of akin nature. The Hon’ble Supreme Court in the case ofand factors of akin nature. The Hon’ble Supreme Court in the case of | ||||||
| (supra) has delineated the nature and kind of such(supra) has delineated the nature and kind of such(supra) has delineated the nature and kind of such | ||||||
| factors as have been stated by this Court hereinabove.factors as have been stated by this Court hereinabove. | ||||||
| Further, the Hon’ble Supreme CouFurther, the Hon’ble Supreme Court in the case of | Sanjay GandhiSanjay Gandhi | |||||
| (supra) has enounced regarding the nature and degree of burden upon the(supra) has enounced regarding the nature and degree of burden upon the(supra) has enounced regarding the nature and degree of burden upon the | ||||||
| applicant (seeking cancellation of bail). The plea of such an applicant has toapplicant (seeking cancellation of bail). The plea of such an applicant has toapplicant (seeking cancellation of bail). The plea of such an applicant has to | ||||||
| be tested on the anvil of preponderance of | be tested on the anvil of preponderance of probabilities & such an applic | & such an applicant | ||||
| is not required to prove, beyond reasonable doubt, the facts pleaded by himis not required to prove, beyond reasonable doubt, the facts pleaded by himis not required to prove, beyond reasonable doubt, the facts pleaded by him | ||||||
in support of such a plea.
| ; the factors | |||||||||||
| required to be considered are as to whether bail has been granted onrequired to be considered are as to whether bail has been granted onrequired to be considered are as to whether bail has been granted on | |||||||||||
| relevant consideration(s); grounds required to be evaluated for grant of bailsideration(s); grounds required to be evaluated for grant of bailsideration(s); grounds required to be evaluated for grant of bail | |||||||||||
| have been duly factored into the order granting bail and other factors of | have been duly factored into the order granting bail and other factors of akin | akin | |||||||||
| nature. The Hon’ble Supreme Court in the case ofnature. The Hon’ble Supreme Court in the case of | (supra) has(supra) has | ||||||||||
| held that the High Court or Sessions | aside an order granting | ||||||||||
| bail passed by an inferior Court if such order is based on irrelevantbail passed by an inferior Court if such order is based on irrelevantbail passed by an inferior Court if such order is based on irrelevant | |||||||||||
| considerations, order granting bail has resulted in miscarriage of justice etc.considerations, order granting bail has resulted in miscarriage of justice etc.considerations, order granting bail has resulted in miscarriage of justice etc. | |||||||||||
| It goes without saying that the High Court or Sessions Court; while | It goes without saying that the High Court or Sessions Court; while dealing a | dealing a | |||||||||
| plea for setting-aside a bail order; sits in a jurisdiction, which is akin toaside a bail order; sits in a jurisdiction, which is akin toaside a bail order; sits in a jurisdiction, which is akin to | |||||||||||
| appellate jurisdiction & hence it can look into the veracity and propriety ofappellate jurisdiction & hence it can look into the veracity and propriety ofappellate jurisdiction & hence it can look into the veracity and propriety of | |||||||||||
| the order (granting bail) from all the | the order (granting bail) from all the perspectives. However, a Court while | . However, a Court while | |||||||||
| dealing with such a plea, ought not to substitute its own opinion with the onesuch a plea, ought not to substitute its own opinion with the onesuch a plea, ought not to substitute its own opinion with the one | |||||||||||
expressed in the impugned order.
| It would not be pragmatic to even attempt to lay | It would not be pragmatic to even attempt to lay-down exhaustive | down exhaustive | ||
| parameters in this regard as every case, especially a criminal case, is suiparameters in this regard as every case, especially a criminal case, is suiparameters in this regard as every case, especially a criminal case, is sui | ||||
| generis. Such a quixotic attempt ought to be avoided as no inexorableuch a quixotic attempt ought to be avoided as no inexorableuch a quixotic attempt ought to be avoided as no inexorable | ||||
| formulae can be laid down in this regard.formulae can be laid down in this regard. | ||||
| AsAsAs | an epilogue to above discussion, the following principlesan epilogue to above discussion, the following principlesan epilogue to above discussion, the following principles | |||
emerge:
| (i) There is a conceptual distinction, between(i) There is a conceptual distinction, between | ”” | ||||||||||
| . | In a plea seekingIn a plea seeking | cancellation of bail”;cancellation of bail” | |||||||||
| thethe factorsfactors requiredrequired toto bebe | consideredconsidered areare | toto superveningsupervening | |||||||||
| mis-conductconduct | ofof accusedaccused | inin aa | pleaplea | ||||||||
| aside ofof aa bailbail | order”;order”; | requiredquired toto | bebe | ||||||||
| considered are akin to the order in question being unjustified or illegal orto the order in question being unjustified or illegal orto the order in question being unjustified or illegal or | |||||||||||
| not based on relevant consideration(s). In other words, a plea seekingnot based on relevant consideration(s). In other words, a plea seekingnot based on relevant consideration(s). In other words, a plea seeking | |||||||||||
| “setting aside of a bail order” is more in the nature of laying challenge to an“setting aside of a bail order” is more in the nature of laying challenge to an“setting aside of a bail order” is more in the nature of laying challenge to an | |||||||||||
| order granting bail before a superior Court upon merits thereof. | bail before a superior Court upon merits thereof. | ||||||||||
| It would be pragmatic as also desirable, for the cause of ease andIt would be pragmatic as also desirable, for the cause of ease andIt would be pragmatic as also desirable, for the cause of ease and | |||||||||||
| clarity, that a plea filed under Section 439 of Cr.P.C., 1973 clearly states asclarity, that a plea filed under Section 439 of Cr.P.C., 1973 clearly states asclarity, that a plea filed under Section 439 of Cr.P.C., 1973 clearly states as | |||||||||||
| “cancellation of bail” or for “setting aside of a | for “setting aside of a | ||||||||||
bail order.” or on both accounts.
| Plea seeking cancellation of anticipatory bail/pre | Plea seeking cancellation of anticipatory bail/pre-arrest order | ||
| A High Court has power to cancel an anticipatory bail granted byA High Court has power to cancel an anticipatory bail granted byA High Court has power to cancel an anticipatory bail granted by | |||
it or by a Sessions Court.
| A Sessions Court has power to cancel an anticipatory bail grantedA Sessions Court has power to cancel an anticipatory bail grantedA Sessions Court has power to cancel an anticipatory bail granted | |||||||
| by High Court or earlier granted by it. | by High Court or earlier granted by it. However, the Sessions Court can | However, the Sessions Court can | |||||
| cancel anticipatory bail granted by High Court only where the accused hasgranted by High Court only where the accused hasgranted by High Court only where the accused has | |||||||
| violated any condition(s) imposed by the High Court (while granting suchviolated any condition(s) imposed by the High Court (while granting suchviolated any condition(s) imposed by the High Court (while granting such | |||||||
| bail) or on account of such accused having misused liberty granted to him bybail) or on account of such accused having misused liberty granted to him bybail) or on account of such accused having misused liberty granted to him by | |||||||
| trying to influence witness(s) or having tried to delay | trying to influence witness(s) or having tried to delay trial by absenting | trial by absenting | |||||
| himself or having committed another offence(s) while on bail and otherhimself or having committed another offence(s) while on bail and otherhimself or having committed another offence(s) while on bail and other | |||||||
| factors of akin nature.factors of akin nature.factors of akin nature. | In other words, a Sessions Court can cancelIn other words, a Sessions Court can cancelIn other words, a Sessions Court can cancel | ||||||
| anticipatory bail granted to an accused by High Court only on account ofanticipatory bail granted to an accused by High Court only on account ofanticipatory bail granted to an accused by High Court only on account of | |||||||
| ubsequentubsequent | eventseventsevents butbutbut cannotcannotcannot adjudicateadjudicateadjudicate | uponuponupon | |||||
| veracity of the High Court order (whereby such bail was granted to suchveracity of the High Court order (whereby such bail was granted to suchveracity of the High Court order (whereby such bail was granted to such | |||||||
accused.)
| In case cancellation of an anticipatory bail granted by SessionsIn case cancellation of an anticipatory bail granted by SessionsIn case cancellation of an anticipatory bail granted by Sessions | |||||
| Court is sought for; such plea ought to be filed ordinarily befor | Court is sought for; such plea ought to be filed ordinarily before Sessions | e Sessions | |||
| Court itself.Court itself.Court itself. | However, since there is concurrent jurisdiction of the HighHowever, since there is concurrent jurisdiction of the HighHowever, since there is concurrent jurisdiction of the High | ||||
| Court as also Sessions Court in terms of Section 439(2) of Cr.P.C. of 1973,Court as also Sessions Court in terms of Section 439(2) of Cr.P.C. of 1973,Court as also Sessions Court in terms of Section 439(2) of Cr.P.C. of 1973, | |||||
| the filing of such a plea straight away before the High Court is not barred.the filing of such a plea straight away before the High Court is not barred.the filing of such a plea straight away before the High Court is not barred. | |||||
| At the same time, it would be expedient that such a plea (straight away filed, it would be expedient that such a plea (straight away filed, it would be expedient that such a plea (straight away filed | |||||
| before High Court) must show cogent reasons for not approaching thebefore High Court) must show cogent reasons for not approaching thebefore High Court) must show cogent reasons for not approaching the | |||||
Sessions Court in first instance.
| The factors for consideration in a plea for cancellation of anThe factors for consideration in a plea for cancellation of anThe factors for consideration in a plea for cancellation of an | |||||
| anticipatory bail are whether the accused has misused liberty granted to himr the accused has misused liberty granted to himr the accused has misused liberty granted to him | |||||
| by trying to influence witness(s) or has tried to delay trial or has committedby trying to influence witness(s) or has tried to delay trial or has committedby trying to influence witness(s) or has tried to delay trial or has committed | |||||
| anotheranotheranother offence(s)offence(s)offence(s) whilewhilewhile ononon bail,bail,bail, | whetherwhetherwhether accusedaccusedaccused hashashas floutedfloutedflouted | thethethe | |||
| cancellation of bail, whether bail was procured by misrepresen | cancellation of bail, whether bail was procured by misrepresentation or | tation or | |||
| fraud or concealing relevant material, and similar factors of akin nature.fraud or concealing relevant material, and similar factors of akin nature.fraud or concealing relevant material, and similar factors of akin nature. | |||||
| There is no gainsaying that above factors are only illustrative in nature as itThere is no gainsaying that above factors are only illustrative in nature as itThere is no gainsaying that above factors are only illustrative in nature as it | |||||
| is not axiomatic to exhaustively enumerate them.is not axiomatic to exhaustively enumerate them. | |||||
| Where such plea raises ground(s) that | Where such plea raises ground(s) that bail has been granted on | bail has been granted on | ||||
| account of misrepresentation of facts or a fraud having been played on Courtaccount of misrepresentation of facts or a fraud having been played on Courtaccount of misrepresentation of facts or a fraud having been played on Court | ||||||
| which has granted bail or concealment of material/relevant facts; it would bewhich has granted bail or concealment of material/relevant facts; it would bewhich has granted bail or concealment of material/relevant facts; it would be | ||||||
| expedient that such plea be filed, in the first instance itself, before the | expedient that such plea be filed, in the first instance itself, before the Court | Court | ||||
| The degree and nature of proof required to be shown by anThe degree and nature of proof required to be shown by anThe degree and nature of proof required to be shown by an | ||||||
| applicantapplicantapplicant (seeking(seeking(seeking cancellationcancellationcancellation | ofofof ananan anticipatoryanticipatoryanticipatory bail)bail)bail) isisis thatthatthat | ofofof | ||||
| preponderance of probabilities and not one of being beyond reasonablepreponderance of probabilities and not one of being beyond reasonablepreponderance of probabilities and not one of being beyond reasonable | ||||||
doubt.
| V. Plea seeking setting aside of an anticipatory bail/pre | eking setting aside of an anticipatory bail/pre-arrest bail order | |||||
| A plea seeking setting aside of an anticipatory bail/preA plea seeking setting aside of an anticipatory bail/pre-arrest bail | arrest bail | |||||
| order by a Sessions Court has to be essentially filed before High Court.order by a Sessions Court has to be essentially filed before High Court. | ||||||
| The factor, required to be considered in a plea seeking settingThe factor, required to be considered in a plea seeking settingThe factor, required to be considered in a plea seeking setting | ||||||
| aside of an anticipatory/pre-arrest bail order; is as to whether the impugnedarrest bail order; is as to whether the impugnedarrest bail order; is as to whether the impugned | ||||||
| order (granting anticipatory bail/pre | order (granting anticipatory bail/pre-arrest bail) has objectively dealt witharrest bail) has objectively dealt with | |||||
| nature and gravity of allegations ag | nature and gravity of allegations against accused, role of accused in theainst accused, role of accused in the | |||||
| crime(s) alleged, need for custodial interrogation, likelihood of accusedcrime(s) alleged, need for custodial interrogation, likelihood of accusedcrime(s) alleged, need for custodial interrogation, likelihood of accused | ||||||
| influencing the investigation/witnesses, likelihood of the accused abscondinginfluencing the investigation/witnesses, likelihood of the accused abscondinginfluencing the investigation/witnesses, likelihood of the accused absconding | ||||||
from process of justice etc.
| Where a plea made under Section 439(2) of Cr.P.C. 1973 raisesWhere a plea made under Section 439(2) of Cr.P.C. 1973 raisesWhere a plea made under Section 439(2) of Cr.P.C. 1973 raises | |||
| grounds regarding “cancellation of bail” as also for “setting aside of bailgrounds regarding “cancellation of bail” as also for “setting aside of bailgrounds regarding “cancellation of bail” as also for “setting aside of bail | |||
| order”, such plea has to be essentially made before the superior Court.order”, such plea has to be essentially made before the superior Court. | |||
The averments made in the petition asThe averments made in the petition as also the argumentsalso the arguments raised by learned counsel for the petitioner, indubitably, show that petitionraised by learned counsel for the petitioner, indubitably, show that petitionraised by learned counsel for the petitioner, indubitably, show that petitionraised by learned counsel for the petitioner, indubitably, show that petition has been filed for cancellation of the anticipatory bail order granted to thehas been filed for cancellation of the anticipatory bail order granted to thehas been filed for cancellation of the anticipatory bail order granted to thehas been filed for cancellation of the anticipatory bail order granted to the respondent No.2 vide order datedrespondent No.2 vide order dated 16.03.202616.03.2026 (Annexure P-6) passed by) passed by coordinate Bcoordinate Bench of this Court. In the present case, the petitioner has notIn the present case, the petitioner has notIn the present case, the petitioner has not brought on record any material to demonstrate that after the grant ofbrought on record any material to demonstrate that after the grant ofbrought on record any material to demonstrate that after the grant ofbrought on record any material to demonstrate that after the grant of anticipatory bail,anticipatory bail, respondent No.2 has attempted to influence witnesses,espondent No.2 has attempted to influence witnesses,espondent No.2 has attempted to influence witnesses, tampertampertamper withwithwith evidence,evidence,evidence, evadeevadeevade investigationinvestigationinvestigation ororor violviolviolateate anyany condition(s)condition imposed by the Court. The apprehensions expressed by the petitioner areimposed by the Court. The apprehensions expressed by the petitioner areimposed by the Court. The apprehensions expressed by the petitioner areimposed by the Court. The apprehensions expressed by the petitioner are AJAY KUMAR largely speculative and not supported bylargely speculative and not supported bylargely speculative and not supported by any cogent material. In the presentIn the present case, the allegation of the petitioner is that respondent No.2case, the allegation of the petitioner is that respondent No.2case, the allegation of the petitioner is that respondent No.2 had obtained theobtained the concession of anticipatory bail vide impugned ordersion of anticipatory bail vide impugned ordersion of anticipatory bail vide impugned order by misleading thisby misleading this Court regarding the deletion of Sections 307, 148 and 149 IPC. However,Court regarding the deletion of Sections 307, 148 and 149 IPC. However,Court regarding the deletion of Sections 307, 148 and 149 IPC. However,Court regarding the deletion of Sections 307, 148 and 149 IPC. However, the recordthe record reflects that the order dated 16.03.2026 was passed after the Statethat the order dated 16.03.2026 was passed after the Statethat the order dated 16.03.2026 was passed after the State was represented before this Court. The owas represented before this Court. The owas represented before this Court. The order records that respondent No.2rder records that respondent No.2 had joined the investigation and the learned State counsel, on instructionshad joined the investigation and the learned State counsel, on instructionshad joined the investigation and the learned State counsel, on instructionshad joined the investigation and the learned State counsel, on instructions from the concerned Investigating Officer, did not dispute the said fact andfrom the concerned Investigating Officer, did not dispute the said fact andfrom the concerned Investigating Officer, did not dispute the said fact andfrom the concerned Investigating Officer, did not dispute the said fact and further stated thatfurther stated that the custodial interrogation of rcustodial interrogation of respondent No.2 was notnot required in the factual matrix of the case.required in the factual matrix of the case.required in the factual matrix of the case. Thus, the concession was grantedThus, the concession was granted primarily after taking into consideration the progress of investigation andprimarily after taking into consideration the progress of investigation andprimarily after taking into consideration the progress of investigation andprimarily after taking into consideration the progress of investigation and the stand of the State regarding the requirement of custodial interrogation.the stand of the State regarding the requirement of custodial interrogation.the stand of the State regarding the requirement of custodial interrogation.the stand of the State regarding the requirement of custodial interrogation. The allegationsThe allegations raised by the petitioner regarding the manner in whichby the petitioner regarding the manner in whichby the petitioner regarding the manner in which Sections 307, 148 and 149 IPC were deleted and the contention that theSections 307, 148 and 149 IPC were deleted and the contention that theSections 307, 148 and 149 IPC were deleted and the contention that theSections 307, 148 and 149 IPC were deleted and the contention that the subsequent DDR was contrary to the medical evidence alsosubsequent DDR was contrary to the medical evidence alsosubsequent DDR was contrary to the medical evidence also does not, at thisdoes not, at this stage, persuade this Court. In the considered opinion of thipersuade this Court. In the considered opinion of thipersuade this Court. In the considered opinion of this Court, anyany grievance regarding a defective, unfair or improper investigation has to begrievance regarding a defective, unfair or improper investigation has to begrievance regarding a defective, unfair or improper investigation has to begrievance regarding a defective, unfair or improper investigation has to be examined independently in accordance with law.examined independently in accordance with law.examined independently in accordance with law. Furthermore, no materialmaterial has been placed on record tohas been placed on record to reflect that afterthat after the grant of anticipatory bailgrant of anticipatory bail, respondent No.2 has failed to join the investigation, violated any condition,respondent No.2 has failed to join the investigation, violated any condition,respondent No.2 has failed to join the investigation, violated any condition,respondent No.2 has failed to join the investigation, violated any condition, threatenedthreatened oror influencedinfluenced any witness((s),, tamperedtampered withwith evidenceevidence oror otherwiseotherwiseotherwiseotherwise obstructedobstructedobstructedobstructed thethethethe coursecoursecoursecourse ofofofof justice.justice.justice.justice. TheTheTheThe presentpresentpresentpresent petitionpetitionpetitionpetition isisisis substantially based upon the material andsubstantially based upon the material andsubstantially based upon the material and circumstances which existedcircumstances which existed before the grant of anticipatory bail.before the grant of anticipatory bail. In the absence of any substantiatedIn the absence of any substantiatedIn the absence of any substantiated materialmaterial which demonstrate that respondentrespondent No.2No.2 hashas misusedmisused thethe 2026.09.09 17:14I attest to the accuracy andconcession of bail or has attempted to influence the witnesses, the stringentconcession of bail or has attempted to influence the witnesses, the stringentconcession of bail or has attempted to influence the witnesses, the stringentconcession of bail or has attempted to influence the witnesses, the stringent parametersparameters for cancellation of bail are not satisfied.for cancellation of bail are not satisfied. It is also not the case ofIt is also not the case of the petitioners that respondent No.2 has absconded, failed to appear beforethe petitioners that respondent No.2 has absconded, failed to appear beforethe petitioners that respondent No.2 has absconded, failed to appear beforethe petitioners that respondent No.2 has absconded, failed to appear before the trial Court or otherwise obstructed the proceedings.the trial Court or otherwise obstructed the proceedings.the trial Court or otherwise obstructed the proceedings.
It is well settled that the cancelIt is well settled that the cancellation of bail stands on alation of bail stands on a different footing from the initial grant of bail. Ndifferent footing from the initial grant of bail. Ndifferent footing from the initial grant of bail. No material has been placedo material has been placed on record toon record to prima facie establish that respondent No.2establish that respondent No.2 has influencedinfluenced witnesses or obstructed the course of justice in the pending trial.witnesses or obstructed the course of justice in the pending trial.witnesses or obstructed the course of justice in the pending trial. In theIn the absence of any clear, cogent and convincing material showing violation ofnce of any clear, cogent and convincing material showing violation ofnce of any clear, cogent and convincing material showing violation ofnce of any clear, cogent and convincing material showing violation of bail conditions or misuse of liberty by respondent No.2, this Court does notbail conditions or misuse of liberty by respondent No.2, this Court does notbail conditions or misuse of liberty by respondent No.2, this Court does notbail conditions or misuse of liberty by respondent No.2, this Court does not findfind anyany justificationjustification toto allowallow thethe petitionpetition seekingseeking cancellationcancellation ofof anticipatory bail.anticipatory bail. Moreover, there is nothing on record to suggest that theothing on record to suggest that theothing on record to suggest that the respondent No.2 has misused the concession of bail. It is trite law that bailrespondent No.2 has misused the concession of bail. It is trite law that bailrespondent No.2 has misused the concession of bail. It is trite law that bailrespondent No.2 has misused the concession of bail. It is trite law that bail cannot be cancelled merely on recannot be cancelled merely on re-appreciation of facts already considered atappreciation of facts already considered atappreciation of facts already considered at the time while granting the same unless there is abuse of the lithe time while granting the same unless there is abuse of the lithe time while granting the same unless there is abuse of the liberty soberty so granted.granted.
In the absence of any cogent material to show that respondentIn the absence of any cogent material to show that respondentIn the absence of any cogent material to show that respondent No.2 has misused the concession ofNo.2 has misused the concession of anticipatoryanticipatory bail, no case is made forbail, no case is made for cancellation ofcancellation of anticipatory bail.bail.bail. The order passed by this Court is a wellThe order passed by this Court is a well-The order passed by this Court is a well reasoned order anreasoned order and cannot be said to be suffering from vice of nond cannot be said to be suffering from vice of non-d cannot be said to be suffering from vice of non application of judicial mind. This Court, keeping in view the entirety of theapplication of judicial mind. This Court, keeping in view the entirety of theapplication of judicial mind. This Court, keeping in view the entirety of theapplication of judicial mind. This Court, keeping in view the entirety of the facts and circumstances of the case(s) in hand, does not find any goodfacts and circumstances of the case(s) in hand, does not find any goodfacts and circumstances of the case(s) in hand, does not find any goodfacts and circumstances of the case(s) in hand, does not find any good ground to hold that this Court, while passing the impugneground to hold that this Court, while passing the impugneground to hold that this Court, while passing the impugned order hasd order has overstepped its jurisdiction or has not exercised the same inoverstepped its jurisdiction or has not exercised the same inoverstepped its jurisdiction or has not exercised the same in the rightright perspective. Therefore, the petition in hand deserves rejection.perspective. Therefore, the petition in hand deserves rejection.perspective. Therefore, the petition in hand deserves rejection.
Keeping in view the entirety of the facts and circumstances ofKeeping in view the entirety of the facts and circumstances ofKeeping in view the entirety of the facts and circumstances of the case in hand, no ground is madethe case in hand, no ground is made out to setout to set-aside the anticipatory bailbail earlier granted to respondent No.2 vide the impugned order. Therefore, theearlier granted to respondent No.2 vide the impugned order. Therefore, theearlier granted to respondent No.2 vide the impugned order. Therefore, theearlier granted to respondent No.2 vide the impugned order. Therefore, the petition in hand deserves rejection.petition in hand deserves rejection.
As a sequel to the above discussion, the present petition,As a sequel to the above discussion, the present petition,As a sequel to the above discussion, the present petition, seeking cancellation ofseeking cancellation of anticipatory bail passed by this Court, is dismissed.l passed by this Court, is dismissed.l passed by this Court, is dismissed.
It,It,It, indubitably,indubitably,indubitably, goesgoesgoes withoutwithoutwithout sayingsayingsaying thatthatthat nothingnothingnothing saidsaidsaid hereinabove shall be construed as an expression of opinion on the merits ofhereinabove shall be construed as an expression of opinion on the merits ofhereinabove shall be construed as an expression of opinion on the merits ofhereinabove shall be construed as an expression of opinion on the merits of the case.
Pending application(s), if any, shall also stand disposed off.Pending application(s), if any, shall also stand disposed off.Pending application(s), if any, shall also stand disposed off.