Case Note & Summary
The petitioner, Raju s/o Jaglal Jaiswal, filed a Criminal Writ Petition before the Bombay High Court, Nagpur Bench, challenging an order dated 2.12.2009 passed by the Ad-hoc Additional Sessions Judge-1, Wardha, in Misc. Criminal Application No.597/2009. By that order, the anticipatory bail earlier granted to the petitioner was cancelled. The sole ground for cancellation was that the petitioner had not attended the police station as required. The petitioner argued that he could not attend due to threat from a criminal case lodged by him against a police officer in relation to a murder. During the hearing, the petitioner offered to attend the police station, and with the consent of the learned APP, he was allowed to do so by order dated 11.01.2010. No further requirement for custody was shown by the police. The court found no reason to uphold the impugned order and allowed the petition, restoring the anticipatory bail.
Headnote
A) Criminal Procedure - Anticipatory Bail - Cancellation - Non-attendance at police station - The petitioner's anticipatory bail was cancelled solely because he did not attend the police station. The court found no other ground for cancellation and noted that the petitioner offered to attend the police station during the hearing. Held that cancellation on this ground alone was not sustainable, and the bail was restored. (Paras 2-4)
Issue of Consideration
Whether the cancellation of anticipatory bail solely on the ground of non-attendance at the police station was justified
Final Decision
Criminal Writ Petition allowed. Rule made absolute in terms of prayer clause (a). The impugned order cancelling anticipatory bail is set aside and anticipatory bail is restored.
Law Points
- Anticipatory bail cancellation requires substantial grounds
- non-attendance at police station alone not sufficient
- court may restore bail if petitioner offers to comply
