Punjab and Haryana High Court Deliberates on Bail Cancellation Over Alleged Judicial Bias

Inquiry Initiated to Determine Relationship Between Magistrate and Accused in Ambala Case

In a crucial development, the Punjab and Haryana High Court is engaged in deliberations concerning the cancellation of regular bail granted to Reshab Walia, an accused in a criminal case registered under FIR No. 485 dated December 26, 2023. The bail cancellation petition was filed by Akash Walia, who raised serious allegations regarding a potential conflict of interest involving the presiding Judicial Magistrate, Mrs. Vandana Walia.

The petitioner has alleged that Mrs. Vandana Walia, the Judicial Magistrate 1st Class in Ambala, has familial ties with the accused, Reshab Walia, claiming she is his cousin sister. This claim, if proven, could suggest a potential bias in the bail decision. The case hinges on the validity of these familial connections, which the court is actively investigating.

The matter was brought before Justice Sumeet Goel, who ordered an inquiry to verify the alleged relationship between the Judicial Magistrate and the accused. An affidavit submitted by Suresh Kumar, Deputy Superintendent of Police, Barara, Ambala, has provided preliminary findings. The affidavit indicates that while Mrs. Vandana Walia and Reshab Walia are not direct siblings, they are distant relatives, sharing ancestral ties in the village of Fatehpur, District Kaithal.

Further complicating the matter, the petitioner has pointed out that Mrs. Vandana Walia attended a family ceremony involving the accused's family, suggesting close familial involvement. However, affidavits from community members and an inquiry report by the District and Sessions Judge, Ambala, have been submitted, highlighting that the relationship is more distant than initially claimed.

Justice Goel has emphasized the need for a thorough examination, directing the Registrar General to gather comments from Mrs. Vandana Walia and any relevant administrative inquiry reports. These documents are to be presented in a sealed cover for the court's perusal on the next hearing date, scheduled for November 26, 2025.

The case underscores the judiciary's commitment to maintaining impartiality and fairness, particularly in matters where potential conflicts of interest are alleged. The high court's decision will likely hinge on the established relationship between the parties involved, impacting the accused's bail status and setting a precedent for future cases involving similar allegations.

Bottom Line:

Cancellation of regular bail of accused under Sections 195A/506 IPC (Section 201 IPC added later) raised on grounds of alleged close familial relations between the Judicial Magistrate and the accused.

Statutory provision(s): Sections 195A, 506, 201 IPC, Section 439(2), Section 482 Cr.P.C.

Akash Walia v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2805760