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2018 (5) TMI 2159 - SC - Indian LawsCorrectness of Grant of bail to accused - Whether there are any supervening circumstances which would warrant the cancellation of the bail granted by the High Court? - Rape - false promises of marriage - complainant alleged that the Accused had been making false promises of marriage to her and was exploiting her continuously - HELD THAT:- In a consistent line of precedent this Court has emphasised the distinction between the rejection of bail in a non-bailable case at the initial stage and the cancellation of bail after it has been granted. In adverting to the distinction, a Bench of two learned Judges of this Court in DOLAT RAM VERSUS STATE OF HARYANA [1994 (11) TMI 424 - SUPREME COURT] observed that 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. The Accused had the benefit of an order granting him anticipatory bail. The grant of anticipatory bail was cancelled principally on the ground that he had not disclosed the pendency of a prosecution against him in the 2G Spectrum case. The Court has been informed during the course of the hearing that the said prosecution has ended in an acquittal. Regular bail was granted by the High Court on 17 November 2017 in the present case. The second FIR which was lodged on 22 November 2017 is not, in our view, a supervening circumstance of such a nature as would warrant the cancellation of the bail which was granted by the High Court. The learned Counsel appearing on behalf of the Accused has submitted that the lodging of the second FIR, four days after the order of bail is merely an attempt to bolster a case based on a supervening event and that it suffers from vagueness and a complete absence of details. The order of the High Court allowing the application for bail cannot be faulted. Moreover, no supervening circumstance has been made out to warrant the cancellation of the bail. There is no cogent material to indicate that the Accused has been guilty of conduct which would warrant his being deprived of his liberty. The quantum of the personal bond shall stand enhanced to Rs. 10 lakhs - Appeal disposed off.
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