No Condition For Automatic Cancellation Of Bail Can Be Imposed While Granting Bail: P&H HC
Principle: No Condition for Automatic Cancellation of Bail Can Be Imposed
When a court grants bail, it is fundamentally an order releasing an accused from custody subject to certain terms. However, the crucial legal principle is that the court cannot impose a condition that automatically cancels bail on the happening of a particular event without a fresh hearing.
Why Is This Important?
Bail is a Right Subject to Judicial Discretion
Bail allows the accused to be released pending trial but does not grant unconditional freedom.
Conditions can be imposed but they must be reasonable and fair.
Protection Against Arbitrary Cancellation
Automatic cancellation clauses deny the accused the opportunity to explain or contest.
It violates principles of natural justice and fair procedure.
Requirement of Hearing Before Cancellation
Courts must hear the accused before cancelling bail.
Bail cancellation is a serious step and cannot be pre-decided or automatic.
Judicial Reasoning: Punjab & Haryana High Court
The P&H High Court has held that the condition for automatic cancellation of bail is illegal and unenforceable.
Any such condition is violative of the principles of a fair trial and natural justice.
The accused must be afforded a hearing and an opportunity to present their case before bail can be cancelled.
Supporting Case Laws
1. State of U.P. v. Amarmani Tripathi, AIR 2005 SC 551
The Supreme Court held that bail can be cancelled only after a proper hearing.
Automatic cancellation conditions are contrary to the law.
2. P. Chidambaram v. Directorate of Enforcement, (2019) 11 SCC 432
The Court ruled that conditions in bail orders should not be so onerous as to render bail a mere formality.
Automatic forfeiture or cancellation is impermissible without judicial scrutiny.
3. Sushil Sharma v. State, AIR 2003 SC 3746
It was held that courts must consider the facts and circumstances before cancelling bail.
The accused should not be deprived of liberty arbitrarily.
4. Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik, AIR 2005 SC 450
The Supreme Court emphasized the requirement of giving a reasonable opportunity before depriving a person of liberty.
Summary
No condition imposing automatic cancellation of bail can be validly imposed by the court.
Bail cancellation requires a separate judicial hearing, giving the accused the right to be heard.
Such conditions violate principles of natural justice and fair trial.
Courts must balance the rights of the accused and public interest before cancelling bail.
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