Anticipatory bail can’t be cancelled on allegations: Punjab and Haryana High Court
Says seriousness of offence alone no ground
The Punjab and Haryana High Court has held that the seriousness of the offence by itself is not a ground for seeking anticipatory bail’s cancellation once an accused is found entitled to the concession and has complied with the conditions.
The assertion came in a case where the accused were allegedly impersonating as ED officials leading to the registration of an FIR in the matter in July 2023 at a police station in Nuh district.
Taking up the matter, the Bench made it clear that cancellation of bail stood on a footing entirely different from its initial grant.
“It is well settled that the cancellation of bail stands on a different footing from the initial grant of bail,” Justice Sumeet Goel asserted while dismissing a petition seeking cancellation of anticipatory bail.
Referring to the facts of the case in hand, Justice Goel asserted allegations regarding threats and pressure were primarily based on complaints made by the petitioner-complainant. However, no material was placed on record to prima facie establish that the respondent-accused had influenced witnesses or obstructed the course of justice in the pending trial.
“In the absence of any clear, cogent and convincing material showing violation of bail conditions or misuse of liberty by respondent-accused, this court does not find any justification to exercise the extraordinary power of cancellation of anticipatory bail.” The accused in the matter was represented by advocate Nikhil Ghai.
The Bench added there was nothing on record to suggest that the respondent-accused misused the concession of bail. “It is trite law that anticipatory bail cannot be cancelled merely on re-appreciation of facts already considered at the time while granting the same unless there is abuse of the liberty so granted.”
The court noted that the FIR in the case was lodged on May 16, 2023, following which investigation ensued. The accused was granted interim anticipatory bail on July 20, 2023, which was later confirmed on September 20, 2023. Even the state did not allege any misuse of bail.
