TMI Blog2009 (9) TMI 929X X X X Extracts X X X X X X X X Extracts X X X X ..... bail during the trial? - CRIMINAL APPEAL NO.1732 OF 2009 - - - Dated:- 8-9-2009 - Tarun Chatterjee R.M. Lodha, JJ. ORDER R.M. LODHA, J. Leave granted. 2. On the basis of the complaint made by Jayanta Naskar, Secretary, Sambhunagar High School, P.O. Sambhunagar, a First Information Report being FIR No.50/2008 was lodged on May 30, 2008 under Sections 403, 409, 420, 467/34 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted April 26, 2008 with the seal of the Headmaster, Sambhunagar High School. 3. The appellant made an application for anticipatory bail under Section 438 of Code of Criminal Procedure, 1973 before the Sessions Judge, Alipore, District 24 Parganas (South). 4. Learned Sessions Judge (I/C) after hearing the counsel for the appellant and the Public Prosecutor enlarged the appellant on anticipato ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the impugned order. The order of Sessions Judge (I/C) granting anticipatory bail, thus, has remained operative. 7. We heard the learned counsel for the parties and perused the order of the High Court. 8. Although the High Court did notice in the impugned order that the considerations which should be in the mind of the court while considering the prayer for grant of bail are not the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y bail. The judicial discretion exercised by the Sessions Judge in granting the anticipatory bail has been interfered with by the High Court in the absence of cogent and convincing circumstances. We are, thus, satisfied that the impugned order cannot be sustained. 11. Accordingly, appeal must succeed and is allowed. The impugned order dated September 18, 2008 is set aside. The appellant shall a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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