The Punjab & Haryana High Court recently upheld a trial court's decision to recall an order canceling anticipatory bail, emphasizing that justice should not be compromised due to an inadvertent error. The ruling came in response to a petition challenging the legality of the trial court's recall order.
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Justice Manjari Nehru Kaul, presiding over the case, stated:
"This Court finds no illegality or perversity in the impugned order granting anticipatory bail to the private respondents. The facts of the case present an exceptional situation where the recall of the earlier order was warranted to ensure that justice was not compromised due to an inadvertent error."
Background of the Case
The case originated from an FIR registered under Sections 420 and 120-B of the IPC at Police Station E-Division, Amritsar. The complainant, Pritpal Singh, alleged that the accused had entered into an agreement to sell a commercial property and accepted an earnest money deposit of ₹52 lakhs but later reneged on their commitment, thereby committing fraud.
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Initially, the trial court had granted interim bail to the accused on 07.10.2024, directing them to join the investigation within seven days. However, on 16.10.2024, their anticipatory bail application was dismissed due to an assertion by a police official that they had failed to comply with the investigation order. The very next day, the accused moved a fresh application, following which the trial court recalled its previous order and granted them anticipatory bail.
Legal Challenge and Arguments
The petitioner argued that the trial court had overstepped its jurisdiction by recalling the dismissal order and reinstating bail. It was contended that:
- A Criminal Court lacks inherent power to review or recall its own orders except in cases involving typographical or clerical errors.
- The impugned order did not fall within the recognized exceptions, making it unsustainable in law.
On the other hand, counsel for the accused countered that:
- The anticipatory bail was wrongfully dismissed due to a misrepresentation made by a police official.
- The hearing scheduled for 15.10.2024 was postponed due to Gram Panchayat elections, leading to an administrative delay.
- A bona fide mistake by the police led to an incorrect statement before the trial court.
- The accused had in fact complied with all court directions regarding investigation.
The State Counsel, referring to an affidavit from the Assistant Commissioner of Police, Central, Amritsar City, admitted that the dismissal of bail was a direct consequence of an error committed by the police official.
Court's Observations and Verdict
The High Court acknowledged that while criminal courts generally do not have the power to recall their own orders, the principle of justice necessitates flexibility in extraordinary circumstances.
Justice Kaul noted:
"Although the general rule is that a Criminal Court lacks jurisdiction to recall its own orders, it cannot be ignored that the dismissal of the anticipatory bail application of the respondents occurred in circumstances that warranted reconsideration."
The court further held that:
- The accused should not suffer due to a police misrepresentation or an unexpected public holiday that led to procedural complications.
- The trial court's decision to rectify its mistake was not arbitrary but a necessary step to prevent a miscarriage of justice.
Accordingly, the High Court dismissed the petition, affirming that the trial court's order did not suffer from any legal infirmity or jurisdictional overreach.
Mr. R.S. Bajaj, Advocate for the petitioner.
Mr. Shiva Khurmi, AAG, Punjab.
Mr. Nitin Narula, Advocate for respondents No.2 and 3.
Title: Pritpal Singh v. State of Punjab and others
