Court rules non-fulfillment of mediation terms not a valid reason to cancel anticipatory bail.
In a significant ruling, the Jharkhand High Court has quashed the cancellation of anticipatory bail granted to Shivnarayan Yadav, emphasizing that a violation of mediation terms cannot serve as a sole ground for such cancellation. The decision, delivered by Justice Anil Kumar Choudhary, underscores the confidentiality and limitations surrounding mediation communications as per the Mediation Act, 2023.
The case originated from Argora P.S. Case No. 287 of 2021, where Yadav was initially granted anticipatory bail on June 28, 2022. However, his bail was revoked by the Judicial Commissioner, Ranchi, on June 22, 2023, due to alleged non-compliance with a compromise agreement reached during mediation with the opposite party.
Representing Yadav, advocates Mr. Sudhanshu Shekhar and Mr. Prakash Kumar argued that the cancellation was unwarranted, citing precedents from the Supreme Court. They referenced key judgments, including Biman Chatterjee v. Sanchita Chatterjee and Pritpal Singh v. State of Bihar, which establish that bail cannot be revoked solely for failing to adhere to a compromise.
The High Court concurred, noting that Section 22 of the Mediation Act, 2023, ensures the confidentiality of mediation proceedings and prohibits the use of mediation communications as evidence in court. Justice Choudhary highlighted that the learned Judicial Commissioner committed a "grave illegality" by cancelling the bail based on mediation non-compliance, a ground not recognized under the Criminal Procedure Code for bail cancellation.
The court’s decision reinstates the anticipatory bail to Yadav, setting aside the Judicial Commissioner's order. This judgment reinforces the principle that mediation agreements, while significant, do not influence the legal grounds for granting or revoking bail.
Bottom Line:
Anticipatory bail cannot be cancelled solely on the ground of non-compliance with terms of compromise or promise made during mediation.
Statutory provision(s): Criminal Procedure Code, 1973 - Section 482; Mediation Act, 2023 - Section 22
Shivnarayan Yadav v. State of Jharkhand, (Jharkhand) : Law Finder Doc Id # 2833769
