October 28, 2020

Mitter Sain Meet

Novelist and Legal Consultant

ਜ਼ਮਾਨਤ ਨਾ ਮੰਨਜ਼ੂਰ ਅਤੇ ਖਾਰਜ ਕਰਨ ਦੇ ਮਾਪਦੰਡਾਂ ਵਿਚ ਭਿੰਨਤਾ

 

ਜ਼ਮਾਨਤ ਨਾ ਮੰਨਜ਼ੂਰ ਅਤੇ ਖਾਰਜ ਕਰਨ ਦੇ ਮਾਪਦੰਡਾਂ ਵਿਚ ਭਿੰਨਤਾ

(Yardsticks for accepting appeal against grant of bail and for cancellation of bail are different):

 1. ਗੈਰ-ਕਾਨੂੰਨੀ ਹੁਕਮ ਨੂੰ ਰੱਦ ਕਰਨ ਅਤੇ ਜ਼ਮਾਨਤ ਨੂੰ ਕੈਂਸਲ ਕਰਨ ਦੇ ਮਾਪਦੰਡ ਵੱਖਰੇ-ਵੱਖਰੇ ਹਨ।

Case : State through CBI Vs.Amarmani Tripathi, 2005 Crl.L.J. 4149

Para “18. In an application for cancellation, conduct subsequent to release on bail and the supervening circumstances alone are relevant. But in an appeal against grant of bail, all aspects that were relevant under Section 439 read with Section 437, continue to be relevant. We, however, agree that while considering and deciding appeals against grant of bail, where the accused has been at large for a considerable time, the post bail conduct and supervening circumstances will also have to be taken note of. But they are not the only factors to be considered as in the case of applications for cancellation of bail.”

 2. ਜ਼ਮਾਨਤ ਤੇ ਰਿਹਾ ਕਰਨ (for grant of bail) ਦੇ ਅਧਾਰ ਅਤੇ ਜ਼ਮਾਨਤ ਨੂੰ ਰੱਦ ਕਰਨ (for cancellation of bail) ਦੇ ਅਧਾਰ ਵੱਖਰੇ-ਵੱਖਰੇ ਹਨ।

Case (i) : Dolat Ram and others vs State of Haryana 1995 (1) SCC 349

“Rejection of bail in a non-bailable case at the initial stage and the cancellation of bail so granted, have to be considered and dealt with on different basis. Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail, already granted. Generally speaking, the grounds for cancellation of bail, broadly (illustrative and not exhaustive) are: interference or attempt to interfere with the due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner. The satisfaction of the court, on the basis of material placed on the record of the possibility of the accused absconding is yet another reason justifying the cancellation of bail. However, bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial.”               

Case (ii)  State through CBI Vs.Amarmani Tripathi, 2005 Crl.L.J. 4149  (SC)

Para “18. ….. In an application for cancellation, conduct subsequent to release on bail and the supervening circumstances alone are relevant. But in an appeal against grant of bail, all aspects that were relevant under Section 439 read with Section 437, continue to be relevant. We, however, agree that while considering and deciding appeals against grant of bail, where the accused has been at large for a considerable time, the post bail conduct and supervening circumstances will also have to be taken note of. But they are not the only factors to be considered as in the case of applications for cancellation of bail.