CRM-M-36943 with connected matters IN THE HIGH COURT OF PUNJAB AND HARYANA 201+202 1. CRM 2. CRM 3. CRM 4. CRM STATE OF HARYANA MAMMAM KHAN CORAM: HON'BLE MR Present: Ms. Tanushree Gupta, Senior Deputy Advocate General, Haryana. Mr. R. S. Cheema, Senior Advocate with Mr. Siddharth Bh Mr. Satish Sharma, Advocate TRIBHUVAN DAHIYA CRM-19579-2025 CRM-19577-2025 CRM-19578-2025 CRM-19591-2025 For the reasons stated in the application Additional affidavits and r record, subject to all just exceptions. Main Cases These petitions have been filed granted to the respondent(s) 01.08.2023, under Sections 148, 149, 153 120-B, 180 IPC, 36943-2024 connected matters -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-36943-2024(O&M) CRM-M-36950-2024(O&M) CRM-M-36941-2024(O&M) CRM-M-41112-2024 (O&M) STATE OF HARYANA Versus MAMMAM KHAN CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Ms. Tanushree Gupta, Senior Deputy Advocate General, Haryana. Mr. R. S. Cheema, Senior Advocate with Mr. Siddharth Bhukkal, Advocate Mr. Satish Sharma, Advocate for the respondent(s). TRIBHUVAN DAHIYA J.(Oral) 2025 and CRM-16493-2025, 2025 and CRM-16492-2025, 2025 and CRM-16494-2025, 2025 and CRM-16495-2025 For the reasons stated in the application Additional affidavits and replies on behalf of the respondent(s) are record, subject to all just exceptions. These petitions have been filed granted to the respondent(s) in four different cases, , under Sections 148, 149, 153-A, 379 B, 180 IPC, registered at Police Station Nagina IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided On: 10.09.2025 ....PETITIONER(s) ....RESPONDENT(s) . JUSTICE TRIBHUVAN DAHIYA Ms. Tanushree Gupta, Senior Deputy Advocate General, Mr. R. S. Cheema, Senior Advocate with kkal, Advocate and for the respondent(s). For the reasons stated in the applications, the same are allowed. on behalf of the respondent(s) are taken on These petitions have been filed seeking cancellation of bail in four different cases, (i) FIR no.148, dated A, 379-A, 395, 427, 506, 107, 201, Station Nagina, Nuh; (ii) FIR no.137, allowed. taken on bail no.148, dated A, 395, 427, 506, 107, 201, , Aman Dua 2025.09.17 09:04 I attest to the accuracy and authenticity of this judicial document CRM-M-36943 with connected matters dated 01.08.2023, 107, 120-B, 395, 397 IPC, dated 01.08.2023 201, 395, 427, Nagina, Nuh; and 153-A, 379-A added later), at was granted bail vide order dated 18.10.2023. The allegations 29.07.2023 to statement made by one public gathering asking to them. 2. Learned State counsel contends that the grounds of seeking cancellation of bail are gravity of the offences alleged and that the respondent however, is unable to threatening any of the witnesses after cases. Also, s respondent’s bail has been to have committed cancellation has been 3. Learned senior counsel law with regard to 36943-2024 connected matters -2- dated 01.08.2023, under Sections 148, 149, 153 B, 395, 397 IPC, at Police Station Nagina, Nuh; 01.08.2023, under Sections 148, 149, 153 427, 120-B, 506, 107, 108 IPC and (iv) FIR no.149, dated 01.08.2023, under Sections 148, 149, , 436, 506 IPC (Sections 201, 395, 427, 120 at Police Station Nagina, Nuh. In was granted bail vide order dated 30.09.2023 . The allegations pertain to the riot 29.07.2023 to 31.07.2023. He was nominated as an accused on a disclosure statement made by one co-accused Tofiq that he had distributed gathering asking the people to indulge Learned State counsel contends that the grounds of seeking cancellation of bail are gravity of the offences alleged and respondent, who is a sitting MLA, will however, is unable to point out any specific instance threatening any of the witnesses after having been she is also unable to explain as to why bail has been sought, though thirty to have committed the same offences are already on bail cancellation has been sought on account of gravity Learned senior counsel for the respondent(s) law with regard to cancellation of bail stands settled by 148, 149, 153-A, 379-B, 427, 435, 201, 180, Police Station Nagina, Nuh; (iii) FIR no.150, , under Sections 148, 149, 153-A, 379-A, 436 IPC (Sections added later), at Police Station dated 01.08.2023, under Sections 148, 149, IPC (Sections 201, 395, 427, 120-B, 107, 180 IPC In two of the cases, the petitioner 30.09.2023 and in the other two on riots that took place in Nuh from nominated as an accused on a disclosure that he had distributed ₹500 each in in riots and also provided drugs Learned State counsel contends that the grounds of seeking cancellation of bail are gravity of the offences alleged and the apprehension will threaten the witnesses. She, specific instance of the respondent having been released on bail in these unable to explain as to why only cancellation of thirty-nine other co-accused alleged are already on bail, and in their cases no on account of gravity of the offences. for the respondent(s) contends that the settled by the Supreme Court in B, 427, 435, 201, 180, FIR no.150, 436 IPC (Sections Police Station dated 01.08.2023, under Sections 148, 149, IPC the petitioner on in Nuh from nominated as an accused on a disclosure each in provided drugs Learned State counsel contends that the grounds of seeking apprehension the witnesses. She, respondent released on bail in these cancellation of alleged and in their cases no contends that the the Supreme Court in Aman Dua 2025.09.17 09:04 I attest to the accuracy and authenticity of this judicial document CRM-M-36943 with connected matters Himanshu Sharma as under: 11. this Court cancellation thereof are entirely different. Bail granted to an accused can only be cancelled if the Court is satisfied that after being released on bail In the instant case, n which could entitle the petitioner 4. In view thereof, stand dismissed. 5. Pending miscellaneous application(s), if any, also stand(s) disposed of. 6. A photocopy of this order be placed on the connected file 10.09.2025 Ad Whether speaking/reasoned? Whether reportable? 36943-2024 connected matters -3- Himanshu Sharma v. State of Madhya Pradesh 11. Law is well settled by a catena of judgments rendered by this Court that the consideration cancellation thereof are entirely different. Bail granted to an accused can only be cancelled if the Court is satisfied that after being released on bail: (a) the accused has misused the liberty granted to him (b) flouted the conditions of bail order; (c) that the bail was granted in ignorance of statutory provisions restricting the powers of the Court to grant bail; (d) or that the bail was procur fraud. ... In the instant case, none of the conditions aforementioned ould entitle the petitioner/State to seek cancellation of bail. In view thereof, there is no merit in the stand dismissed. Pending miscellaneous application(s), if any, also stand(s) A photocopy of this order be placed on the connected file (TRIBHUVAN DAHIYA Whether speaking/reasoned? Whether reportable? State of Madhya Pradesh, (2024) 4 SCC 222, by holding Law is well settled by a catena of judgments rendered by that the considerations for grant of bail and cancellation thereof are entirely different. Bail granted to an accused can only be cancelled if the Court is satisfied that after the accused has misused the liberty granted to him; flouted the conditions of bail order; that the bail was granted in ignorance of statutory provisions restricting the powers of the Court to grant bail; or that the bail was procured by misrepresentation or of the conditions aforementioned has been satisfied tate to seek cancellation of bail. no merit in these petitions, and the same Pending miscellaneous application(s), if any, also stand(s) A photocopy of this order be placed on the connected files. TRIBHUVAN DAHIYA) JUDGE Yes/No Yes/No holding Law is well settled by a catena of judgments rendered by for grant of bail and cancellation thereof are entirely different. Bail granted to an accused can only be cancelled if the Court is satisfied that after that the bail was granted in ignorance of statutory ed by misrepresentation or satisfied the same Pending miscellaneous application(s), if any, also stand(s) Aman Dua 2025.09.17 09:04 I attest to the accuracy and authenticity of this judicial document