TaxTMI 
TaxTMI 
2015 (12) TMI 1892
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....he respondent/accused argued before the trial court that role assigned to the respondent/accused is only after firing incident and accordingly he has been impleaded merely with the aid of Section 34 IPC. Learned APP argued that the respondent/accused had also sustained bullet injuries in his hand which clearly shows his presence at the spot at the time of the incident in question. To strenghtan his arguments, he referred to the opinion dated 20.03.2014 given by Dr. Bhim Singh with regard to bullet injury sustained by the respondent/accused to the effect that said injury could be possible due to low velocity project-tile (bullet), which lost velocity after piercing the body of the deceased Rajbeer Rana. 3. Learned APP further submitted that vide supplementary statement dated 06.06.2014 complainant Rajpal Rana alleged that the respondent himself exhorted the words "Iska Kaam Tamam Kar De". 4. Learned APP referred to the Rukka sent by the police after recording the statement of the complainant wherein it is clearly stated that he was inside the house when he heard noise and accordingly came outside and saw that Prem father of the respondent/accused was engaged in abusing with his br....
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....h Court could not have merely taken the period of incarceration and the delay in concluding the trial as grounds sufficient to enlarge the respondent on bail." 7. Learned APP also relied upon the judgment of the Supreme Court in the case of State of U.P. through CBI vs. Amarmani Tripathi (2005) 8 SCC 21 in which the Apex Court observed as under:-- "17. They also relied on the decision in Samarendra Nath Bhattacharjee v. State of W.B. where the above principle is reiterated. The decisions in Dolat Ram and Bhattacharjee cases relate to applications for cancellation of bail and not appeals against orders granting bail. In an application for cancellation, conduct subsequent to release on bail and the supervening circumstances alone are relevant. But in an appeal against grant of bail, all aspects that were relevant under Section 439 read with Section 437, continue to be relevant. We, however, agree that while considering and deciding appeals against grant of bail, where the accused has been at large for a considerable time, the post bail conduct and supervening circumstances will also have to be taken note of. But they are not the only factors to be considered as in the case of appl....
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....case at the initial stage and the cancellation of bail so granted, have to be considered and delay 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 of 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. These principles, it appears, were lost sight of by the High Court when it decided to cancel the bail, already granted. The High Court it appears to us overlooked the distincti....
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....ed Senior Counsel submitted that even the deposition of PW-1 and PW-2 does not fully support the case of the prosecution. Moreover, once the bail is granted that cannot be cancelled until and unless such situation warrants. In the present case, the petitioner/State failed to establish any ground whereby the impugned orders can be quashed or set aside. 16. I have heard learned counsel for parties. 17. It is true that once bail granted should not be cancelled in a mechanical manner without considering any supervening circumstances which is not conducive to fair trial. It is also settled law that once bail is granted, it cannot be considered barely on a request from the side of the complainant unless and until the complainant shows that the same is being misused and it is not no longer conducive in the interest of justice to allow the accused any further to remain on bail. The bail can be cancelled only in those discerning few cases where it is shown that a person to whom the concession of bail has been granted is misusing the same. 18. It is held in case of Kalyan Chandra Sarkar (Supra) that at the stage of granting bail, a detailed examination of evidence and elaborated documenta....