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        Case ID :

        2005 (4) TMI 645 - SC - Indian Laws

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        Bail cancellation requires post-release misconduct or other cogent grounds; unproven allegations cannot justify setting aside bail. Bail once granted may be cancelled only on cogent grounds arising after release, or from conduct on bail showing misuse of liberty. Alleged threats to ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Bail cancellation requires post-release misconduct or other cogent grounds; unproven allegations cannot justify setting aside bail.

                              Bail once granted may be cancelled only on cogent grounds arising after release, or from conduct on bail showing misuse of liberty. Alleged threats to witnesses were rejected because the complaints pre-dated release, while supposed suppression of a co-accused's conviction was not proved against the accused and, in any event, should have been raised by the prosecution. Later observations in the connected trial and an unsupported allegation of absconding could not justify cancellation in the absence of post-bail misconduct or action under the relevant procedure. The cancellation was therefore unsustainable, the bail order was restored, and a further restriction was imposed to protect the trial and witnesses.




                              Issues: Whether the High Court was justified in cancelling the appellant's bail in the absence of post-bail conduct warranting such cancellation.

                              Analysis: Cancellation of bail stands on a different footing from grant of bail. The grounds for cancellation must ordinarily arise after release on bail and must relate to the accused's conduct while on bail. The alleged threats to witnesses were not accepted because the complaints relied upon were dated when the appellant was still in custody. The alleged suppression of the conviction of co-accused was not established against the appellant, and in any event such matters should have been brought to the court's notice by the prosecution. Observations in the connected trial regarding the appellant's involvement could not, by themselves, justify cancellation of an already granted bail, particularly when no step under the relevant procedural provision was taken. The allegation that the appellant had absconded was also unsupported by the record.

                              Conclusion: The cancellation of bail was unsustainable and was set aside; the earlier order granting bail was restored.

                              Final Conclusion: Bail was restored in favour of the appellant, with an additional restriction intended to safeguard the trial and the witnesses.

                              Ratio Decidendi: Bail once granted can be cancelled only on cogent grounds arising after release or from conduct on bail, and not merely because the court later takes a different view of the merits or relies on unproven allegations of suppression or apprehended influence.


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