RAM SINGH Vs. BHARAT SINGH

JUDGEMENT

(1.) THIS order governs the disposal of an application filed under Section 439(2) of Cr.P.C. by the petitioner Ram Singh seeking cancellation of bail of the respondent No. 1 who has been granted bail vide order dated 21st April, 2009 rendered by the learned Sessions Judge, Bundi.

(2.) HEARD the learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and perused the relevant provisions of law as also relevant material available on record.

(3.) HON'ble Supreme Court has also held in the case of Dolatram and others Vs. State of Haryana (1995) (1) Supreme Court cases 349) that: rejection of bail in a non-bailable case at the initial stage and the cancellation of bail so granted, have to be considered and dealt with on different basis. Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail, already granted. Generally speaking, the grounds for cancellation of bail, broadly (illustrative and not exhaustive) are: interference or attempt to interfere with the due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner. The satisfaction of the court, on the basis of material placed on the record of the possibility of the accused absconding is yet another reason justifying the cancellation of bail. However, bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial. (Emphasis supplied)