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Allahabad High Court quashes lower court order on cancellation of bail

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The Allahabad High Court has said that the order of cancellation of bail cannot be revoked by withdrawing the non-bailable warrant issued after the cancellation of bail. For this, bail can be obtained only by filing a bail application again.

A single-judge bench of Justice Umesh Kumar passed this order while hearing an application under Section 482 CrPC  filed by Mohd Feroz Khan.

The application under Section 482 CrPC has been filed with the prayer to quash the order dated January 6, 2022 passed by Additional Sessions Judge, Meerut in Sessions Trial arising out of Case under Sections 147, 148, 149, 302 IPC, P.S- Dehli Gate, Meerut with an alternative prayer to stay the further proceedings of the above mentioned case.

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Counsel for the applicant placed facts of the case that the applicant lodged a FIR at Police Station Delhi Gate, Meerut against five accused persons stating therein that accused persons with a common intention attacked informant’s younger son namely Nasir and thereafter Rehman Saifi opened fire on him resulting his death, thereafter, charge sheet has been submitted against several persons including opposite party no 2 (Junaid) and the same was committed to the Court of Sessions Judge, Meerut on April 27, 2019; that the trial Court after perusal of the entire file came to the conclusion that accused persons are delaying the trial and hence order dated January 3, 2022 cancelled the bail of four accused persons and issued non bailable warrants against them. Once the order dated January 3, 2022 was passed an application on behalf of Junaid (opposite party no 2) supported by affidavit was moved before the trial Court with a prayer to recall the non-bailable warrant issued against him.

The Court noted,

It is surprising the trial court who had already cancelled the bail of Junaid without there being any bail application or bail order had straight away passed an order dated January 6, 2022 recalling NBW order dated January 3, 2022 and restored the bail bond.

Submission of the counsel for the applicant is that from perusal of order dated January 3, 2022 passed by trial court, it is crystal clear that bail granted to opposite party no 2 was cancelled and without there being any bail order afresh in favour of opposite party no 2 afresh order is nothing but an absolute failure of justice.

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In support of his arguments counsel for the applicants relied on the Judgement of Supreme Court passed in State Of Punjab vs Davinder Pal Singh Bhullar and Ors, (Manu/SC/1476/2011).

The Court held that the cancellation of non-bailable warrant may be made by the concerned Court under the provisions of Section 70 CrPC Chapter VI, whereas the release of the accused on bail is dealt with the provisions of chapter XXXIII of the CrPC. In the circumstances the mere cancellation of non-bailable warrant where bail has been cancelled by the trial judge will not be a sufficient and good order. The opposite party no 2 is at liberty to move a fresh bail application and obtain an order of bail observing with these provisions of CrPC.

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“In view of the facts and circumstances, the Criminal Misc Application U/S 482 CrPC succeeds and is allowed. The order January 6, 2022 passed by Additional Sessions Judge, Meerut is quashed arising out of Sessions Trial arising out of Case under Sections 147, 148, 149, 302 I.P.C, P.S- Dehli Gate, Meerut with the observation that once the bail has been cancelled, the accused can be released only on a fresh bail not mere on the recall of the order. It is made clear that this order is confined only to the opposite party no 2 only,”

-the Court ordered.

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