Criteria for cancellation of bail are entirely different from criteria for refusal of bail

Jammu And Kashmir High Court: The order passed by the Special Magistrate cancelling the interim bail granted to the petitioners-accused was set aside by a Single Judge Bench comprising of Janak Raj Kotwal, J.

The petitioners were booked under Sections 323, 341 and 354 of Ranbir Penal Code (RPC), 1989 along with Section 7(c) of the Protection of Civil Rights (PCR) Act, 1955. The petitioners applied for bail and the Special Judge by a detailed order admitted the petitioners to interim bail. Thereafter, considering the application moved by the victim of the alleged incident, the same Magistrate cancelled the bail already granted to the petitioners on the ground that they concealed the fact that they had moved an anticipatory bail application before the 1st Additional Sessions Judge which was dismissed as withdrawn; and also that the petitioners concealed the incorporation of special offence under the PCR Act in the FIR. Against this order of the Magistrate canceling the bail of the petitioners, they filed the instant petition.

The Court held it to be a well settled legal position that bail, interim or final, once granted, can be cancelled only if a case for cancellation is made out having regard to the factors, which are certainly other than those to be considered for the purpose of grant/refusal of bail. On considering the record, the Court found that there was no concealment of facts as alleged by the victim, stated hereinabove. The Court relied on the Supreme Court decision in Daulat Ram v. State of Haryana, (1995) 1 SCC 349, wherein it was held that:

“…the ground for cancellation of bail, broadly (illustrative and not exhaustive) are: interference or attempt to interfere with the due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner. The satisfaction of the Court, on the basis of material placed on the record or the possibility of the accused absconding is yet another reason justifying the cancellation of bail”.

Hence, the Court allowed the petition and quashed the order of the Magistrate canceling bail of the petitioners holding that the Magistrate fell in error of law in recalling the bail order on misconceived pleas of the victim. [Bushan Kumar v. State, 2018 SCC OnLine J&K 262, order dated 18-04-2018]

 

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