HIRA LAL SAROJ Vs. HIRA LAL SAROJ

JUDGEMENT

(1.) J. C. Gupta, J. Heard Sri C. P. Tripathi for the applicant and Sri D. N. Yadav, who appears for the accused Samarjeet and Shyamdhar against whom show cause notice has been issued by this Court as to why the bail granted to them by the Sessions Judge by the order dated 10. 4. 1998be not cancelled.

(2.) LEARNED AG. A, has also been heard.

(3.) SR. D. N. Yadav, learned counsel for the accused Samarjeet and Shyamdhar submitted before this Court that bail has been allowed to the aforesaid accused per sons by the learned Sessions Judge by a detailed order and cogent and valid reasons have been advanced for granting bail. Relying upon the apex Court's decision in Subhendu Mishra v. Subrat Kumar Mishra, AIR 1999 S. C. 3026, it was urged that different considerations arise while considering the application for can cellation of bail and application of grant of bail. For cancellation of bail there should be very cogent and overwhelming cir cumstances. In the present case there is no material whatsoever to show that these ac cused persons have misused the liberty as bail granted to them by the learned Sessions Judge. It is further submitted that the eye witnesses have been examined including the prosecutrix and therefore, there is no danger of tampering of evidence and the Sessions trial is pending only due to non appearance of the investigating officer.