The Punjab & Haryana High Court has ruled that bail cannot be cancelled solely because an accused sought exemption from personal appearance in court, provided they validly exercised this right through counsel.
The court emphasised that exemption requests, when made under lawful provisions (e.g., CrPC Section 239), do not indicate misconduct or flight risk. The court prevents punitive bail cancellations and upholds the accused’s right to due process.
Safeguarding the accused’s right to due process, the Court directed that the petitioner be released on bail to the satisfaction of the trial court, subject to his appearance within 15 days from the order.
[Dipesh Jain v. State of Punjab]
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