(1.) ON the basis of the fardbeyan of one Nurul Hoda, impleaded herein as O.P. No. 2, recorded at the Refral Hospital, Barsoi, at about 11.30 A.M. on 13.5.2007 in respect of an occurrence which took place earlier that day at about 7 A.M., Barsoi P.S. Case No. 58 of 2007 was registered under Sections 307, 379, 324 and other allied sections of the Penal Code against (1) Aminuddin, (2) Jahiruddin, (3) Salim, (4) Mojahid, (5) Ahmad, (6) Mohammad, (7) Mohsin, (8) Nuruddin, and (9) Md. Taiyak. Out of these accused Salim, Mojahid, Mohammad, Mohsin @ Md. Mohsin Alam, Nuruddin and Md. Faiyak surrendered before the learned Chief Judicial Magistrate, Katihar on 30.5.2007 and were enlarged on bail on that very day. The remaining three followed suit on 13.6.2007 and were also released on bail on that day.
(2.) AGGRIEVED by the said orders the informant approached the Sessions Court at Katihar vide Cr. Misc. No. 32 of 2007 and Cr. Misc. No. 34 of 2007 impugning the orders dated 30.5.2007 and 13.6.2007 respectively with a prayer for cancellation of the bail granted to the F.I.R. named accused. The learned Sessions Judge, Katihar, by order dated 22.5.2007 after hearing the parties allowed both the cases and setting aside the orders of the learned Chief Judicial Magistrate, cancelled the bail granted to all the accused persons and directed the court below to take steps for committing the said accused to custody.
(3.) CANCELLATION of bail necessarily involves the review of a decision already made and can by and large be permitted only if, by reason of supervening circumstances, it would be no longer conducive to a fair trial to allow the accused to retain his freedom during the trial.