LI Network
Published on: December 26, 2023 at 14:54 IST
The Punjab and Haryana High Court has issued a significant clarification, asserting that bail, once granted, cannot be automatically cancelled in a mechanical manner.
The Court emphasized that conditions for automatic cancellation cannot be imposed at the time of granting bail.
Instead, the Court clarified that only the investigating agency or complainant has the authority to file an application for the cancellation of bail, and such applications will be assessed in accordance with the law.
Justice Jasjit Singh Bedi of the High Court made these remarks during the hearing of a plea filed by Rajiya, an accused in a drug case.
The Court stated that the mere violation of bail conditions is not sufficient grounds for automatic cancellation. The court emphasized that a thorough evaluation of various factors and a demonstrated necessity are prerequisites for cancelling bail.
The court firmly asserted, “Bail once granted cannot be cancelled automatically and in a mechanical manner.”
In the specific case, Rajiya sought directions to quash the order dated October 21, 2022, through which her bail was cancelled by the Faridabad court for the alleged violation of a condition mentioned in the bail order.
The charges against Rajiya were filed under Section 20 of the NDPS Act, with allegations of the recovery of 1 Kg 534 Gms of Ganja.
The petitioner was granted bail on October 12, 2020, by the additional session judge in Faridabad, with a clear condition that any involvement in a similar case would lead to the automatic dismissal of the granted bail.
Following her release, two different FIRs were registered against other individuals in drug cases, where the petitioner’s name also emerged in disclosure statements.
Subsequently, the prosecution moved an application seeking the cancellation of the FIR based on the petitioner’s alleged involvement in other cases.
The lower Court, citing the condition of automatic cancellation, revoked her bail on October 21, 2022.
After considering all parties involved, the High Court directed the quashing of the order dated October 21, 2022, through which the petitioner’s bail was cancelled by the lower court.