Can a Victim's 'Last Note' Cancel Bail? Why Punjab and Haryana High Court Protected a US Citizen's Freedom
The Punjab and Haryana High Court recently delivered a significant ruling, dismissing a father's plea to cancel the anticipatory bail granted to his son's mother-in-law, a US citizen, who was named as an accused in the victim's last note before his death. Justice Sumeet Goel presided over the case, emphasizing that anticipatory bail cannot be recalled merely due to the "seriousness" of the offence or "dissatisfaction" with the court's reasoning.
Court's Key Observations and Findings
In a detailed order, the High Court outlined several critical points that led to the dismissal of the petition. The court noted that the accused mother-in-law has been fully cooperating with the investigation agency, and no evidence was presented to suggest any attempt on her part to flee the country or misuse the concession of anticipatory bail.
The court made the following specific findings:
- The argument that the victim's last note should be treated as a "dying declaration" cannot be accepted at this stage of considering anticipatory bail.
- The allegation of collusion between the investigating agency and the accused is bald and unsupported by any specific material.
- The plea of flight risk because the accused is a US citizen is insufficient without material indicating an attempt to flee from justice.
- The investigating agency has not reported any non-cooperation or attempt by the accused to interfere with the investigation.
- No good ground exists to hold that the trial court overstepped its jurisdiction or failed to exercise it properly in granting anticipatory bail in June 2025.
- Consequently, no ground is made out to set aside the anticipatory bail, and the plea is devoid of merit.
Arguments Presented by Both Sides
Advocate Naveen Kumar, representing the petitioner father, argued vigorously for the cancellation of bail. He contended that the trial court failed to appreciate the seriousness and gravity of the allegations, which included harassment, illegal demands, and mental cruelty as mentioned in the victim's last note. Kumar asserted that this note should be treated as a dying declaration, strengthening the case against the accused.
Furthermore, Kumar alleged that the investigation agency acted in a biased manner by intentionally withholding the victim's last note from forensic examination, thereby weakening the prosecution's case. He also highlighted the accused's status as a US citizen, claiming it posed a serious flight risk that could prejudice both the investigation and trial proceedings.
On the other side, advocate Onkar Singh Batalvi, counsel for the accused, defended the anticipatory bail order as well-reasoned and based on proper consideration of the material before the trial court. Batalvi submitted that his client is cooperating fully with the investigation and that no supervening circumstances or misuse of liberty have been demonstrated to warrant cancellation of bail.
Broader Legal Implications
This ruling underscores important principles in Indian bail jurisprudence. The High Court's decision reinforces that anticipatory bail, once granted, is not easily overturned without concrete evidence of misuse or non-cooperation. It also highlights the judiciary's cautious approach to treating documents like last notes as dying declarations in bail matters, requiring thorough examination at later stages of trial.
The case serves as a reminder that while allegations may be serious, the courts must balance them with the rights of the accused, ensuring that bail decisions are not arbitrarily revoked based on mere dissatisfaction or unsubstantiated claims. This judgment is likely to influence similar cases, particularly those involving non-resident Indians or foreign citizens, where flight risk arguments are often raised.
In conclusion, the Punjab and Haryana High Court's dismissal of the plea reaffirms the stability of anticipatory bail orders and sets a precedent for handling such sensitive matters with judicial prudence and adherence to legal standards.
