JANESHWAR MEHTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By this application, the petitioner has prayed for quashing the order dated 4.8.2009 passed by Sessions Judge, Palamau in Cr. Misc. Case No. 20 of 2009, whereby the bail earlier granted to the petitioner in B.P. No. 909 of 2008 has been cancelled.

(2.) The facts of the case, in short, are that a criminal case was instituted against the petitioner for the offence under Sections 498-A I.P.C. and 3/4 of the Dowry Prohibition Act vide Hussainabad PS Case No. 94 of 2008. The petitioner was arrested in the aforementioned case and a bail petition was moved and was finally heard by the Sessions Judge. Before the Sessions Judge, the petitioner gave a written undertaking to the effect that he would keep his wife with all love, affection, honour and dignity and thereby he entered into an amicable settlement with his informant-wife. It is stated that on the said assurance given by the petitioner, he was granted bail vide order dated 28.11.2008.

(3.) After some time, the informant-wife filed a petition before the Sessions Court for cancellation of bail of the petitioner on the ground that in spite of the compromise and undertaking given by the petitioner, the has resiled back from such undertaking and he is refusing to take her to his home and to keep her as his wife. The petitioner was noticed by the Sessions Judge and in response to that, he filed a rejoinder stating that on several occasions, he went to his in-laws' house to bring her back, but he was not allowed or do so by her parents. The Sessions Judge after hearing the parties passed the impugned order allowed the petition and cancelled the bail earlier granted to the petitioner in B.P. No. 909 of 2008. The learned Sessions Judge distinguished the decision of the Apex Court cited before him, and held that since the bail was granted earlier on the undertaking given by the petitioner to keep the informant-wife, but he has resiled from the undertaking given by him. The learned Sessions Judge further held that power to cancel bail under Section 439(2) Cr.P.C is of much wider scope and therefore, bail can be cancelled on any of sufficient reasons.