LI Network
Published on: December 25, 2023 at 12:30 IST
The Punjab & Haryana High Court has clarified that the mere violation of a bail condition is not grounds enough for automatic cancellation of bail.
Justice Jasjit Singh Bedi emphasized that cogent and overwhelming circumstances are necessary to revoke bail once granted.
In a case related to the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the Court, while quashing the bail condition and order cancelling bail, asserted that the Investigating Agency or complainant can move an application for cancellation of bail, which will be adjudicated upon in accordance with the law.
The Court highlighted that a mere breach of bail conditions is insufficient to warrant bail cancellation. There must be a thorough examination of various factors, and the court must be satisfied of the necessity to cancel bail.
The case involved an accused, Rajiya, booked under Section 20 of the NDPS Act for possession of 1.5 kg of contraband. Subsequently, in two other NDPS cases, the accused’s name surfaced, leading to a prosecution application for bail cancellation. The bail was revoked automatically based on a condition in the order.
Referencing Kerala High Court and Abdul Lathif @ Shokkari Lathif Versus State of Kerala, the court emphasized that automatic bail cancellation conditions cannot be imposed. The court stressed the need for a preliminary assessment of the gravity of the subsequent crime for bail cancellation.
The judgment set aside the automatic cancellation condition, granting bail to the accused and highlighting the importance of examining circumstances before canceling bail.
Title: Rajiya v. State of Haryana
