Cheque bounce case -- Non-appearance of accused after grant of bail – Rule of natural justice -- Address mentioned in the Court notice, being an incorrect description thereof, petitioner/accused did not come to be validly served on his correct address, hence the learned trial Magistrate concerned, could not conclude that any valid service, became caused upon him, nor could he conclude, that there was any willful, and, deliberate omission on the part of the petitioner, to cause his personal appearance -- Contrarily, it became incumbent upon the learned Magistrate, to after discovering the correct address, cause there his valid service however, did not recourse, the above measure -- Impugned order quashed, and, set aside -- Petitioner directed to cause his personal appearance before the learned Magistrate.

(P&H HC) Decided on: 05.07.2022

Personal hearing -- It was incumbent, upon the learned Special Judge, to issue notice to them and also ensure their participation in the relevant proceedings, imperatively before his ordering for cancellation and forfeiting of personal and surety bonds of the bail petitioners and for his thereafter ordering for issuance of warrants of arrest.

(P&H HC) Decided on: 27.01.2022

Conviction in Cheque bounce case – Non-compliance of 20% deposit of compensation – Instead of depositing, the petitioner chose to file review and the same was dismissed, statutory period of 90 days for compliance elapsed -- Consequently, petitioner’s bail was cancelled and his bail bonds were forfeited to the State -- After a period of about more than 2 ½ years, the petitioner approached High Court for setting aside the impugned orders – Held, conduct of the petitioner itself shows that he is adopting dilatory tactics in order to evade and avoid the payment of compensation -- Petition dismissed.

(P&H HC) Decided on: 22.11.2021

Ground of Cancellation of bail – When a person to whom bail has been granted either tries to interfere with the course of justice or attempts to tamper with the evidence or witnesses or threatens witnesses or indulge in similar activity, which would hamper smooth investigation of trial, is a ground for cancellation of bail.

(P&H HC) Decided on: 10.12.2020

Bail granted under Section 167(2) Cr.P.c. could have been cancelled under Section 439(2) Cr.P.C. -- Appellants to file regular bail application u/s 439 Cr.P.C. afresh, which may be considered on merits and be decided expeditiously.

(SC) Decided on: 20.11.2020

Bail on incomplete facts -- At the time of grant of bail to respondent No.2, the recovery of the knife and the corresponding injuries upon the deceased were not brought to the knowledge of the Court and were not taken into consideration -- Held, once, a recovery of knife has been attributed to respondent No.2 as per his own disclosure statement and admittedly, there are corresponding injuries with the said weapon, which are fatal in nature received by the deceased on his head, the said facts cannot be treated as insignificant for considering the grant or cancellation of bail, especially when a person has lost his life -- Order granting bail cannot be sustained – Respondent No.2 is directed to surrender before the jail authority.

(P&H HC) Decided on: 09.11.2020

Interim bail on medical ground by High Court – Rape case -- No satisfaction recorded by the High Court that treatment offered to respondent/accused was not adequate and he requires any further treatment by any particular medical institute for which it is necessary to release the respondent on interim bail on medical grounds -- Even as on date, due medical care is being taken of the respondent/accused -- High Court, without considering the entire materials on record, has passed the impugned order, which is unsustainable – Appeal allowed, order granting interim bail set aside.

(SC) Decided on: 15.10.2020

Statutory/ Default bail – Challan filed before submitting bail bonds – Before petitioner could furnish his bail bonds the challan was filed at about 5.00 p.m., following which, the statutory bail already granted was cancelled vide the impugned order – Impugned order set aside and a direction passed upon the Ld. Court below to accept the bail bonds, if any, in compliance of the previous order granting him statutory bail – Held, cancellation can only be ordered on merits of the case u/s 437 or 439 of the Cr.P.C., and not merely on account of the fact that challan had been presented by the I.O after the said order was passed.

(P&H HC) Decided on: 28.09.2020