Can a victim’s ‘last note’ cancel bail? Why Punjab and Haryana High Court protected a US citizen’s freedom
Punjab and Haryana High Court bail: The Punjab and Haryana High Court was hearing a father’s plea to set aside the anticipatory bail granted to his son’s mother-in-law, who was named an accused in his last note.
4 min readNew DelhiUpdated: Jan 28, 2026 05:03 PM IST
Punjab and Haryana High Court bail: The Punjab and Haryana High Court noted that the accused mother-in-law has given full cooperation to investigation. (image is created using AI)
Punjab and Haryana High Court bail: The Punjab and Haryana High Court recently observed that anticipatory bail cannot be recalled merely on the ground of the “seriousness” of the offence or “dissatisfaction” with the reasoning adopted by the court granting it.
Justice Sumeet Goeldismissed a plea filed by a father seeking cancellation of anticipatory bail granted to his son’s mother-in-law, a US citizen, who was accused of harassment and was named in the victim’s last note before his death.
Justice Sumeet Goel held that there was no ground to set aside the anticipatory bail granted to the accused in June 2025. (Image is enhanced using AI)
“Mere seriousness of offence or dissatisfaction with the reasoning of the court below is not sufficient to recall the bail order,” the order read.
The high court noted that the accused is cooperating with the investigation agency, and that no material was placed on record to show any attempt on her part to flee the country or misuse the concession of anticipatory bail.
Findings
The argument that the victim’s last note should be treated as a “dying declaration” cannot be accepted at this stage of consideration of 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 of the accused because she is a US citizen is insufficient in the absence of any 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 to hold the granting of anticipatory bail by the trial court has overstepped its jurisdiction or failed to exercise the same in the right perspective.
No ground is made out to set aside the anticipatory bail earlier granted to the accused in June 2025.
The plea is devoid of merit and is dismissed.
Arguments
Advocate Naveen Kumar, representing the petitioner, argued that the trial court failed to appreciate the seriousness and gravity of the allegation and granted the anticipatory bail.
Kumar further argued that the last note of the victim before death should be treated as his dying declaration, which mentions the acts of harassment, illegal demands and mental cruelty by the family members.
It was also submitted by the petitioner that the investigation agency had acted in a biased manner by intentionally withholding the victim’s last note from forensic examination, which weakened the prosecution’s case.
Kumar also claimed that since the accused is a US citizen and poses a serious flight risk, her liberty is likely to prejudice the investigation as well as the trial proceedings.
The accused’s counsel, advocate Onkar Singh Batalvi, argued that the present petition is misconceived since the order granting anticipatory bail to his client is well-reasoned and was passed after consideration of the material placed before the trial court.
Batalvi also submitted that his client is fully cooperating with the investigation and that no supervening circumstances or misuse of liberty have been shown.
Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape.
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Justice Sumeet Goel held that there was no ground to set aside the anticipatory bail granted to the accused in June 2025. (Image is enhanced using AI)
