Bail Once Granted to an Accused Cannot Be Cancelled Solely Based on Non-compliance With the Terms of a Compromise...

Bail Once Granted to an Accused Cannot Be Cancelled Solely Based on Non-compliance With the Terms of a Compromise

🔹 Meaning of the Principle:

When an accused is granted bail by the court, it is usually subject to certain conditions.

Sometimes, in cases involving compromise or settlement between the parties, the bail may be granted on the terms of such compromise.

However, the non-compliance with the terms of compromise alone is not sufficient ground to cancel bail.

Bail is a right related to liberty and fair trial, and cancellation must be based on serious grounds, not merely the breakdown of compromise.

🔹 Judicial Reasoning:

Bail Is a Separate Legal Relief:

Bail pertains to the liberty of the accused, allowing them to remain free during trial.

It is distinct from the civil or criminal consequences of non-compliance with compromise terms.

Compromise Is Between Parties, Not the Court:

The terms of compromise are generally between the complainant and accused.

The court cannot automatically treat non-compliance as breach warranting bail cancellation without considering the facts.

Cancellation Requires Sufficient Grounds:

Bail cancellation requires proof of willful violation of bail conditions, tampering with evidence, or likelihood of fleeing.

Mere failure in compromise terms (such as payment or apology) does not meet this threshold.

Presumption in Favor of Liberty:

Courts uphold the presumption of innocence and liberty.

Bail cancellation should be extraordinary and not routine.

🔹 Illustrative Hypothetical Example:

An accused is granted bail with a condition to pay compensation as part of a compromise.

If the accused fails to pay the compensation, the complainant asks for cancellation of bail.

The court examines if non-payment was intentional or due to genuine hardship.

If no other violation or risk exists, bail may not be cancelled solely on this ground.

🔹 Key Points

PointExplanation
Bail is a right linked to libertyCancellation requires serious cause beyond compromise failure
Compromise terms are not court ordersCourt examines facts, not automatic cancellation
Cancellation based on willful violationBail revoked if accused intentionally breaches conditions or obstructs justice
Liberty must be preservedBail cancellation is an exception, not a norm

🔹 Case Law Reasoning (General):

Courts have held that non-compliance with compromise terms alone cannot be the sole ground for bail cancellation.

Bail cancellation petitions should be examined on the merits of the breach, considering:

Whether the accused is likely to abscond,

Whether the accused is interfering with witnesses or evidence,

Whether there is deliberate defiance of court orders.

🔹 Conclusion:

The principle safeguards the accused’s right to liberty and ensures that bail, once granted, is not lightly cancelled due to the breakdown of private compromises. The court must look beyond mere non-compliance with compromise terms and ensure genuine grounds exist for cancellation.

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