P&H: One missed appearance alone is not enough to cancel bail

punjab-haryana
⚖️ Order Date: 18 Sep 2026
Headnotes

Criminal Procedure Code, 1973, Sections 437 and 439 — Cancellation of bail — Non-appearance on one date — Where the petitioners had been regularly appearing before the trial Court and their absence on one date was due to miscommunication with counsel, there was no intention...


Facts of the Case

P&H: One missed appearance alone is not enough to cancel bail

The Punjab and Haryana High Court has set aside a bail cancellation order against two petitioners, holding that their absence on a single date could not, by itself, justify cancellation of bail. Justice Alok Jain observed that the standards for granting bail and cancelling bail are different, and cancellation requires material showing misuse of liberty, such as influencing witnesses or tampering with evidence.

The case arose from an FIR registered at Police Station Bullowal, District Hoshiarpur, involving allegations under the Bharatiya Nyaya Sanhita and the Passport Act. The petitioners challenged the order of the Additional Sessions Judge, Hoshiarpur, which had...

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