Chander Mohan Alias Chander Mohan Singh v. State Of Haryana And Another
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- >8. No doubt, learned trial Court has got discretion to cancel the bail, however, it is well settled that before passing such an order, Court is required to issue notice to the accused so as to afford accused an opportunity to explain as to why the bail should not be cancelled. Such course has not been adopted by learned court below in the instant case. In the peculiar premise, in my opinion, learned Court below has committed patent irregularity by not according an opportunity to accused/petitioners to explain their default by first issuing notice as to why their bail bonds be not cancelled. On this ground alone, impugned order to the extent of cancellation of bail deserves to be set aside. 8.1. Moreover, cancellation of bail is a serious matter and can have significant impact on the life of a person. Matters of personal liberty ought not to be taken so lightly and in such mechanical manner as in the case herein.
9. There being sufficient reasons beyond control of the petitioners which caused their default on solitary date of hearing, I am of the view that impugned order cannot be sustained and same is set aside. Earlier bail order stands revived on bail bond and surety bond already furnished by petitioners before learned trial Court. Petitioners are directed to join proceedings before learned trial Court within three weeks from today and shall continue to appear before learned trial Court without default."
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