CHANDRA KISHORE PAUL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R. S. Mazumdar, learned senior counsel for the petitioner, Mr.S. K. Keshri , learned A.P.P. for the State and Mr. Binod Kumar Jha, learned counsel for the opposite party No. 2.

(2.) This application has been preferred for quashing of the order dated 21.11.2016 passed by learned Additional Sessions Judge-I, Bokaro in Cr. Misc. Petition No. 02 of 2015, whereby and where under, the anticipatory bail granted to the petitioner in connection with Kasmar P.S. Case No. 86 of 2014 corresponding to G.R. Case No. 1219 of 2014 vide order dated 212014 passed in A.B.P. No. 658 of 2014, has been cancelled.

(3.) It has been submitted by learned senior counsel for the petitioner that conciliation was held in the Mediation Centre and pursuant to which a joint compromise petition was filed on the basis of which vide order dated 22.12.2014, the petitioner was granted anticipatory bail in connection with Kasmar P.S. Case No. 86 of 2014 corresponding to G.R. Case No. 1219 of 2014 vide order dated 22.12.2014 passed in A.B.P. No. 658 of 2014. It has also been stated that since the opposite party No. 2 did not cooperate with the petitioner to adhere to the terms and conditions of the compromise, an informatory petition was filed before the Court of learned Sub Divisional Judicial Magistrate, Bokaro as also an application before the officer-in-Charge, Kasmar Thana, bringing to the notice the circumstances which had occurred after the petitioner was granted anticipatory bail. Learned senior counsel further submits that if at all the bail was granted on compromise and if the terms of compromise were not fulfilled, the same cannot be a ground for cancellation of anticipatory bail granted to the petitioner, as the Court which had granted anticipatory bail cannot review its own order in view of provision contained in Section 362 of the Code of Criminal Procedure. Learned senior counsel has also referred to an order of the Hon'ble Supreme Court in the case of Santosh Kumar v. State of Bihar and another reported in (2010) 15 SCC 357.