TaxTMI 
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TaxTMI 
2021 (10) TMI 1479
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....lenge laid is to an order dated 28.01.2021 passed by the High Court of Punjab and Haryana whereby anticipatory bail has been granted to Respondent No.2 (hereafter 'Respondent­ Accused'), who is the mother-­in-­law of the deceased and is charged under Sections 304B, 302 read with 120B of Indian Penal Code (for short "I.P.C."). 3. The prosecution version in brief is that the appellant (hereafter 'Complainant'), who is the father of the deceased, lodged an FIR dated 02.10.2017 against 7 accused persons, 4 of whom are members of the in­-laws family of the deceased including the Respondent­ Accused. The Complainant has alleged that his daughter was married to the son of Respondent ­accused on 28­07­2017. Soon t....
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....ed, the Respondent ­Accused approached the High Court for a similar relief, but the petition was dismissed as withdrawn on 08.03.2018. Meanwhile, on account of non­cooperation with the ongoing investigation, the SHO of the concerned police station applied for and got issued arrest warrants against the Respondent­ Accused from Judicial Magistrate. However, the arrest warrant could not be executed as the Respondent­ Accused had been on the run and she was thus declared an absconder on 23­ 04­2018 under Section 82 of the Code of Criminal Procedure (for short, "Cr. P.C."). 5. The Respondent­ Accused continued to evade her arrest until this Court granted anticipatory bail to her younger son Daksh Adya (brother-­....
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....ies at length and perused the relevant material placed on record. 9. At the outset, it would be fruitful to recapitulate the well­ settled legal principle that the cancellation of bail is to be dealt on a different footing in comparison to a proceeding for grant of bail. It is necessary that 'cogent and overwhelming reasons' are present for the cancellation of bail. Conventionally, there can be supervening circumstances which may develop post the grant of bail and are non-conducive to fair trial, making it necessary to cancel the bail. This Court in Daulat Ram and others vs. State of Haryana [(1995) 1 SCC 349 at 4] observed that: "Rejection of bail in a non­bailable case at the initial stage and the cancellation of bail ....
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....by Court when the investigation is at the threshold, are also amongst a few situations, where a Superior Court can interfere in an order of bail to prevent the miscarriage of justice and to bolster the administration of criminal justice system. This Court has repeatedly viewed that while granting bail, especially anticipatory bail which is per se extraordinary in nature, the possibility of the accused to influence prosecution witnesses, threatening the family members of the deceased, fleeing from justice or creating other impediments in the fair investigation, ought not to be overlooked. 11. Broadly speaking, each case has its own unique factual scenario which holds the key for adjudication of bail matters including cancellation thereof.....
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....r son Daksh Adya are materially different. It is indubitable that some of the allegations against all the family members are common but there are other specific allegations accusing the Respondent­ Accused of playing a key role in the alleged offence. The conduct of the Respondent­ Accused in absconding for more than two years without any justifiable reason should have weighed in mind while granting her any discretionary relief. These facts put her on a starkly different pedestal than the co-accused with whom she seeks parity. We are, thus, of the considered view that the High Court has wrongly accorded the benefit of parity in favour of the Respondent­Accused. It has to be borne in mind that the deceased met with a tragic end w....