The court emphasizes the sanctity of judicial orders and imposes costs on the petitioner for misuse of the legal process.
In a significant ruling, the Punjab and Haryana High Court has cancelled the anticipatory bail granted to Surinder Pal Singh, the petitioner, in the case against the State of Punjab and another, due to non-compliance with the terms of a settlement agreement. The judgment underscores the importance of adhering to judicial orders and condemns the misuse of court leniency.
The case originated from an FIR filed on July 10, 2020, under Section 420 of the Indian Penal Code, accusing Singh of fraud in a housing project. Singh was granted anticipatory bail on January 17, 2022, based on a settlement agreement with the complainant, Sunil Kumar, which included specific commitments to deliver possession of an alternate flat and execute a sale deed by December 25, 2022. The court had explicitly directed both parties to comply with the settlement terms.
However, Singh failed to meet his obligations under the settlement, prompting Kumar to apply for the recall of the bail order. The court, led by Justice Sumeet Goel, found that Singh's actions amounted to a breach of judicial trust and misuse of the discretionary power of bail. The judgment highlighted that anticipatory bail should be granted strictly on merits, not based on undertakings or settlements.
The court referred to a Supreme Court ruling that cautions against granting bail based on settlement agreements, emphasizing that judicial orders should not be treated as optional or negotiable. Justice Goel condemned Singh's conduct as a manipulation of judicial leniency, which undermines the dignity and sanctity of judicial orders.
In addition to cancelling the bail, the court imposed costs of Rs. 25,000 on Singh, payable to the Punjab State Legal Services Authority, as a deterrent against the misuse of judicial processes. Singh has been given 15 days to surrender before the trial court and may apply for regular bail, which will be decided based on the case's merits.
The decision serves as a reminder of the judiciary's role in maintaining the integrity of legal proceedings and deterring litigants from exploiting the system for personal gain.
Bottom Line:
Anticipatory bail granted based on a settlement agreement can be cancelled if the accused fails to comply with the terms of the settlement. Breach of judicial trust or misuse of bail undermines the sanctity of the legal process and can lead to revocation of bail.
Statutory provision(s): Section 420 IPC, Section 438 CrPC, Section 362 CrPC (now Section 403 BNSS, 2023), Section 437/438 CrPC
Surinder Pal Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2848998
