Can Sessions Court Cancel Bail Granted By The High Court? P&H HC Answers

Punjab and Haryana High Court Clarifies Powers of Sessions Court in Cancelling Bail Granted by High Court

 

In a significant ruling, the Punjab and Haryana High Court has clarified the extent of the Sessions Court's authority to cancel bail granted by the High Court. The judgment was delivered by Hon'ble Mr. Justice Sumeet Goel in response to two petitions, CRM-M-9029-2023 and CRM-M-9118-2023, brought by the complainant against the orders of the Additional Sessions Judge, Faridabad, who had granted anticipatory bail to the accused.

 

Case Background

 

The case stemmed from an FIR filed against the accused under various sections of the IPC, including Sections 323, 406, 498-A, 506, and 34, as well as Section 25 of the Arms Act. The complainant, the father of the victim, alleged that the accused and his family subjected the victim to harassment over dowry demands. On February 6, 2023, the Additional Sessions Judge in Faridabad granted anticipatory bail to the accused, a decision which the complainant challenged in the High Court.

 

Key Legal Issues

 

The central legal question was whether a Sessions Court has the authority to cancel bail granted by the High Court and, if so, under what conditions. The High Court also explored the difference between "cancellation of bail" and "setting aside of a bail order."

 

Court's Observations and Decision

 

In a detailed analysis of legal provisions and precedents, the High Court made several key observations:

 

1. *Distinction Between Cancellation and Setting Aside of Bail*: The Court highlighted that "cancellation of bail" involves circumstances such as the accused's misconduct or new developments, whereas "setting aside of a bail order" involves challenging the bail decision itself on grounds of being flawed or irrelevant.

 

2. *Authority of Sessions Court*: A Sessions Court can cancel bail granted by the High Court if the accused violates conditions of bail, misuses the liberty granted, attempts to influence witnesses, delays the trial, or commits another offence while on bail.

 

3. *Limitations on Sessions Court*: The Sessions Court cannot question the validity of the High Court's decision to grant bail but can only act based on new developments or misconduct by the accused.

 

4. *Burden of Proof for Cancellation*: The prosecution must demonstrate, based on a preponderance of probabilities, that the accused has misused the bail conditions or that new circumstances warrant cancelling the bail.

 

5. *Criteria for Setting Aside Bail Order*: The Court needs to consider whether the bail was granted based on relevant considerations and whether all necessary factors were taken into account.

 

Applying these principles to the current case, the High Court noted that the complainant’s argument, focused on the non-recovery of dowry items, was insufficient to deny anticipatory bail. The Court concluded that the Sessions Court had acted within its jurisdiction and had not erred in granting bail.

 

Consequently, the High Court dismissed both petitions filed under Section 439(2) of the CrPC, thereby upholding the anticipatory bail orders dated February 6, 2023, issued by the Additional Sessions Judge, Faridabad.