Chandigarh, April 11: The Punjab and Haryana High Court has ruled that bail, once granted, cannot be cancelled on vague or speculative grounds and must be supported by strong and specific evidence indicating misuse of liberty or interference with justice.
Delivering the verdict, Justice Sandeep Moudgil said, “Very cogent and overwhelming circumstances or grounds are required to cancel the bail already granted.” The court was hearing a plea to revoke the regular bail granted in October 2022 by a Rohtak Sessions Judge to an accused in a cheating and forgery case under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code.
The petitioner had sought cancellation of bail, alleging misconduct by the accused. However, the court found that the claims were neither substantiated by evidence nor supported by the prosecution. “The petitioner failed to provide credible or corroborated material to show misuse of bail. The State also did not support the claim that the accused was evading investigation or showing non-cooperation,” Justice Moudgil noted.
Referring to legal precedent, the court cited the Supreme Court’s judgment in Bhuribai v. State of Madhya Pradesh, reiterating that bail cancellation cannot be equated with disciplinary action and should not be invoked solely on the basis of perceived indiscipline or dissatisfaction with an earlier order.
Justice Moudgil stated that each case must be assessed individually and that no rigid formula applies. The court must consider factors such as the nature and gravity of the offence, the severity of punishment, and the accused’s conduct post-release.
“Bail, while a right, is not absolute. But unless the accused violates conditions or engages in conduct that hampers the investigation or administration of justice, there is no ground to interfere,” the bench observed, reinforcing the principle that personal liberty should not be curtailed lightly.
