Jharkhand High Court

Deepak Kumar Choubey @ Dipak Kumar ... vs The State Of Jharkhand on 8 August, 2023

                                                                        Cr. M.P. No.1532 of 2023




           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr.M.P. No.1532 of 2023
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Deepak Kumar Choubey @ Dipak Kumar Choubey, Aged About 30 years S/O Vijay Kumar Choubey Resident of Nagwa Muhalla, Bypass Road, Near Dubey Lodge, P.O.- Chatra & P.S. Sadar Dist-

            Chatra Jharkhand                            ...             Petitioner
                                          Versus
            1. The State of Jharkhand

2. Rinki Kumari W/o Deepak Kumar Choubey, Age 25 years, Permanent Resident of: Vishnupura, P.O. Imadpur, P.S. Tarai, Dist.- Bhojur Aara (Bihar) Present address- Muhalla Nagwa, Bypass road, Near Dubey Lodge, P.S.- Sadar, Dist.- Chatra ... Opposite Parties

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             For the Petitioner            : Mr. Achyut Swaroop Mishra, Advocate
             For the State                 : Ms. Nehala Sharmin, Spl. P.P.
             For the O.P. No.2             : Mr. Shailesh Kumar Pandey, Advocate
                                             ------
                                         PRESENT
                 HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY


By the Court:-    Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the

jurisdiction of this Court under Section 482 of the Code of Criminal Procedure

with a prayer to quash the order dated 13.04.2023 passed in Misc. Criminal

Application No.337 of 2023 by which the learned Sessions Judge, Chatra has

cancelled the bail granted to the petitioner vide order dated 15.02.2023 in B.P.

No.84 of 2023.

3. Perusal of the record reveals that the petitioner was directed to be

released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the

like amount each to the satisfaction of the learned court below and no other

condition was imposed in the said bail order. It was alleged by the wife of the

petitioner who was the informant of Chatra Mahila P.S. Case No.30 of 2022 in

Cr. M.P. No.1532 of 2023

connection with which case the petitioner was granted bail by the said order,

filed an application for cancellation of bail on the ground that the petitioner has

failed to fulfill the condition in mediation and on that sole ground, the petition

for cancellation of the bail was allowed by the learned Sessions Judge and the

learned Sessions Judge, Chatra cancelled the bail granted to the petitioner.

4. Learned counsel for the petitioner relies upon the judgment of the

Hon'ble Supreme Court of India in the case of Biman Chatterjee vs. Sanchita

Chatterjee & Another reported in AIR 2004 SC 1699 paragraph-7 of which

reads as under:-

"7. Having heard the learned counsel for the parties, we are of the opinion that the High Court was not justified in cancelling the bail on the ground that the appellant had violated the terms of the compromise. Though in the original order granting bail there is a reference to an agreement of the parties to have a talk of compromise through the media of well-wishers, there is no submission made to the court that there will be a compromise or that the appellant would take back his wife. Be that as it may, in our opinion, the courts below could not have cancelled the bail solely on the ground that the appellant had failed to keep up his promise made to the court. Here we hasten to observe, first of all from the material on record, we do not find that there was any compromise arrived at between the parties at all, hence, question of fulfilling the terms of such compromise does not arise. That apart, non- fulfilment of the terms of the compromise cannot be the basis of granting or cancelling a bail. The grant of bail under the Criminal Procedure Code is governed by the provision of Chapter XXXIII of the Code and the provision therein does not contemplate either granting of a bail on the basis of an assurance of a compromise or cancellation of a bail for violation of the terms of such compromise. What the court has to bear in mind while granting bail is what is provided for in Section 437 of the said Code. In our opinion, having granted the bail under the said provision of law, it is not open to the trial court or the High Court to cancel the same on a ground alien to the grounds mentioned for cancellation of bail in the said provision of law."

(Emphasis supplied)

submits that it is a settled principle of law that bail once granted cannot be

cancelled on the ground that the accused has violated the terms of compromise.

It is further submitted that the allegations against the petitioner are completely

false and concocted. Learned counsel for the petitioner further relies upon the

judgment of the Hon'ble Supreme Court of India in the case of Dolat Ram &

Others vs. State of Haryana reported in (1995) 1 SCC 349 and submits that

Cr. M.P. No.1532 of 2023

therein the Hon'ble Supreme Court of India has held that very cogent and

overwhelming circumstances are necessary for cancellation of bail and bail

once granted should not be cancelled in a mechanical manner and the Hon'ble

Supreme Court of India has laid down the broad grounds on which the bail can

be cancelled.

5. Learned counsel for the petitioner further submits that the petitioner has

no criminal antecedent. The petitioner has been in judicial custody since

13.04.2023. Hence, it is submitted that the said order dated 13.04.2023 passed in

Misc. Criminal Application No.337 of 2023 by which the learned Sessions

Judge, Chatra has cancelled the bail granted to the petitioner, be quashed and

set aside.

6. The learned Spl.P.P. appearing for the State and the learned counsel for

the opposite party No.2 vehemently oppose the prayer for quashing the order

dated 13.04.2023 passed in Misc. Criminal Application No.337 of 2023 by which

the learned Sessions Judge, Chatra has cancelled the bail granted to the

petitioner and learned counsel for the opposite party No.2 submits that

keeping in view of the conduct of the petitioner in solemnizing second

marriage and going back from the commitment made by him at the time of

mediation, the learned Sessions Judge, Chatra has rightly cancelled the bail

granted to the petitioner. Hence, it is submitted that this Cr.M.P., being without

any merit, be dismissed.

7. Having heard the rival submissions made at the Bar and after carefully

going through the materials available in the record, it is pertinent to mention

here that it is a settled principle of law that the bail once granted cannot be

cancelled on the ground that the accused has failed to comply with the terms of

the compromise as has been held by the Hon'ble Supreme Court of India in the

Cr. M.P. No.1532 of 2023

case of Pritpal Singh vs. State of Bihar reported in 2001 SCC OnLine SC 123

paragraphs-4 and 5 of which read as under:-

"4. The dispute raised in the case relates to eviction of the appellant who is the tenant from the premises of which the respondent is the owner. Previously, there was a compromise between the parties in which it was agreed inter alia that the appellant will pay certain amount to the respondent and vacate the premises by the time stipulated. On the allegation that the appellant has failed to comply with the terms of the compromise by not vacating the premises in question within the time stipulated, the petition for cancellation of bail was filed. It is stated by learned counsel for the appellant that neither was any averment made in the petition about misuse of liberty granted to the appellant nor was any difficulty alleged to have been faced by the prosecution in the case on the ground of the appellant being at large.

5. The Magistrate cancelled the bail granted to the appellant solely on the ground that the terms of the compromise had not been complied with. To say the least, the ground on which the petition for cancellation of bail was made and was granted is wholly untenable. It is our view that the order if allowed to stand will result in abuse of the process of court. The High Court clearly erred in maintaining the order. Therefore, the order passed by the Magistrate cancelling the bail and the order of the High Court confirming the said order are set aside. The bail order is restored. The appeal is allowed."

(Emphasis supplied)

8. It is a settled principle of law that the bail once granted can ordinarily be

cancelled on the following grounds illustratively though not exhaustively:-

(i) by indulging in similar criminal activity,

(ii) interfering with the course of investigation,

(iii) attempted to tamper with evidence or witnesses,

(iv) threaten witnesses or indulges in similar activities which would hamper smooth investigation,

(v) there is likelihood of their fleeing to another country,

(vi) attempted to make themselves scarce by going underground or becoming unavailable to the investigating agency,

(vii) attempted to place themselves beyond the reach of his surety, etc.

9. After carefully going through the materials available in the record, this

Court is of the considered view that the learned Sessions Judge, Chatra has

cancelled the bail granted to the petitioner only on the ground that he has not

complied with the terms and conditions discussed at the time of mediation. It

is a settled principle of law that proceedings before mediation are not to be

taken note of in any judicial proceeding or else the very purpose of holding

mediation where many concessions are made and discussed, will be frustrated;

hence the parties will not be ready and willing to concede anything with the

Cr. M.P. No.1532 of 2023

fear that the same may be utilised against him, in any judicial proceeding.

There is no allegation against the petitioner of having committed any of the

conditions as mentioned above in the foregoing paragraphs of this judgment

being the grounds of cancellation of bail.

10. Under such circumstances, this Court is of the considered view that the

order dated 13.04.2023 passed in Misc. Criminal Application No.337 of 2023 by

which the learned Sessions Judge, Chatra has cancelled the bail granted to the

petitioner, is not sustainable in law and the continuation of the same will

amount to abuse of process of law. Accordingly the same is quashed and set

aside.