The Punjab and Haryana High Court has reiterated that bail once granted cannot be cancelled automatically and in a mechanical manner and there must be cogent and overwhelming circumstances necessary to cancel the bail once granted.The single-judge bench of Justice Jasjit Singh Bedi observed that it is a settled law that no condition for the automatic cancellation of bail can be imposed while granting bail and the only condition that can be imposed is that the Investigating Agency/complainant would be at liberty to move an application for cancellation of bail which would be adjudicated upon in accordance with the law.
"Mere violation of the bail conditions would not be sufficient to cancel the bail. The Court must be satisfied that it is necessary to cancel the same keeping in view various factors", the court further observed.The petitioner herein has approached the court under Section 482 Cr.P.C. seeking setting aside of the bail condition/observation in order i.e. in case, the applicant is involved in any other case of similar nature, the bail granted, in the case in hand shall deemed to be dismissed without further notice as imposed by the Addl. Sessions Judge. The ASJ while granting bail to the petitioner in a matter registered under Sections 20-61-85 of NDPS Act had passed the impugned order in 2020.Counsel for the petitioner contended that the condition so imposed in the bail order was contrary to the settled proposition of law and in fact, no condition for automatic cancellation of bail could be imposed while granting bail. He argued that there must be cogent and overwhelming circumstances to cancel the bail already granted and the same could not be cancelled in a mechanical manner.
Further contending that even otherwise, mere violation of the bail conditions was not sufficient to cancel the bail but the satisfaction of the Court was necessary that the bail was required to be cancelled after examining various factors, he relied on Supreme Court precedents laid in this regard.The Court agreed with Counsel for petitioner's submission and observed that in the instant case, however, the bail has been cancelled automatically without examining any circumstances whatsoever one of which would have been that in the two other cases registered against the petitioner, she had been granted the concession of bail prior to her bail being cancelled in the instant case.
Quashing the impugned observation in the order, the Court made it clear that the prosecution/Investigating Agency would be at liberty to move an application for cancellation of bail, if so advised and the same shall be adjudicated upon by the concerned Court in accordance with law
TAGS: Punjab and Haryana High Court Bail Cancellation Caution
