No Condition for Automatic Cancellation of Bail Can Be Imposed: High Court Quashes Automatic Bail Cancellation Clause

In a significant judgement that underscores the principles of personal liberty and judicial discretion in bail matters, the High Court of Punjab and Haryana, led by Hon’ble Mr. Justice Jasjit Singh Bedi, has set aside an automatic bail cancellation provision. The court emphatically stated that “no condition for the automatic cancellation of bail can be imposed while granting bail.”

This landmark decision came in the case of Rajiya vs. State of Haryana, where the petitioner challenged the clause in her bail order that led to automatic cancellation upon involvement in similar cases. The original bail condition stipulated in a 2020 order was that if the petitioner was involved in any other case of a similar nature, the bail would be deemed dismissed without further notice.

Justice Bedi’s ruling not only quashed the bail cancellation order dated October 21, 2022, but also replaced the automatic cancellation clause. The new direction articulates that the prosecution or investigating agency is at liberty to apply for bail cancellation, which must be adjudicated as per legal norms. This decision emphasizes that mere violation of bail conditions isn’t sufficient for cancellation, underscoring the need for a fair judicial process.

The judgement has been widely appreciated by legal experts for reinforcing the tenets of personal liberty enshrined in Article 21 of the Constitution of India. The ruling also references various pivotal judgments, such as Subhendu Mishra vs. Subrat Kumar Mishra and Godson vs. State of Kerala, highlighting the necessity of cogent and compelling circumstances for bail cancellation.

Date of Decision: 21.12.2023

RAJIYA VS STATE OF HARYANA