Punjab & Haryana High Court Declines to Cancel Anticipatory Bail; Finds No Misuse of Liberty by Accused

Case Name: Jiwan Bansal vs. State of Punjab & Another
Date of Judgment: 20 November 2025
Citation: CRM-M-49037-2024
Bench: Hon’ble Mr. Justice Sumeet Goel

Held: The Punjab and Haryana High Court dismissed a petition seeking cancellation of anticipatory bail granted to respondent in an FIR alleging cheating and criminal breach of trust. The Court held that the petitioner failed to show any supervening circumstances, misuse of concession, or interference with investigation that would justify cancellation.

Summary: The petitioner contended that respondent had entered into an agreement to sell with dishonest intent and transferred the money received abroad. It was argued that custodial interrogation was necessary for recovery and that the Sessions Court had granted bail without appreciating the gravity of allegations.

The State, through its status report, confirmed that respondent had joined investigation promptly after grant of interim protection and that there was no allegation of non-cooperation, intimidation of witnesses, or attempt to derail the investigation. The Court noted that allegations regarding transfer of funds remained unsubstantiated at this stage.

Relying on its earlier judgment in Dinesh Madan v. State of Haryana, the Court reiterated the distinction between cancellation of bail and setting aside a bail order. Cancellation requires demonstration of subsequent misconduct, violation of conditions, or attempts to obstruct justice. Seriousness of allegations alone is not a ground to recall bail already granted.

The Court found that the Additional Sessions Judge’s order granting anticipatory bail was a reasoned and valid order passed after considering the material on record. No fresh material or misuse of liberty was shown before the High Court.

Decision: The petition under Section 483(3) BNSS for cancellation of anticipatory bail was dismissed.