RAJ KUMARI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 20.6.2002 passed by the learned A. C.J.M. Rosera in Hathauri P.S. Case No. 39 of 1999 by which the learned Magistrate has cancelled the bail of the petitioner and two other accused persons as also for quashing the order dated 28.9.2002 passed by the learned 5th Addl. Sessions Judge, Samastipur in Cr. Rev. No. 357 of 2001 by which he has refused to interfere with the order dated 20.6.2002.

(2.) LEARNED counsel appearing on behalf of the petitioner has submitted that the grant of bail is a discretionary power of the court but cancellation of the same is based on some material fact relating to the act of an accused interfering with the course of justice. Further it was submitted that the court below has cancelled the bail of the petitioner in most mechanical way even through there was no evidence that the petitioner was tampering with the evidence or was planning to jump the bail. He has relied on number of decisions of this Court in which it was held that grant of bail is not to be exercised as if it is punishment imposed to the accused before trial. It was also held that rejection of bail is easier than to cancellation of bail which necessarily involved a review of decision already made. This power should be sparingly exercised if there is likelihood of interfering by an accused with the course of justice by tampering with the witnesses.