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2020 (5) TMI 737 - HC - Money LaunderingSeeking cancellation of bail granted - accused/respondent is alleged to have played a major role in fixing the matches - HELD THAT:- While it is no doubt correct that cancellation of bail is no longer limited to the occurrence of supervening circumstances and in the absence of any such supervening circumstances, the court dealing with an application for cancellation of bail is empowered to consider the soundness of the bail order, it should not act capriciously and without good reason to cancel the bail once granted as liberty of an individual is at stake. The State has every right to be aggrieved with the grant of bail to the accused, particularly when much effort has gone into his production before the court of law. All this seems to be a factor that tilts this case to a degree in favour of the State. The first warrant is stated to have been issued in the year 2004 against the present respondent/accused. 21 days before the FIR was registered, the respondent/accused, who was an Indian Passport holder and an Indian citizen at that time, left for the U.K.. The extradition process took a long time and then the respondent/accused could be extradited only on an assurance given by the Government as to the environment in which the respondent/accused would be detained in Tihar Jail. One cannot therefore doubt the genuineness of the concern of the State that releasing the respondent/accused on bail would lead to a situation where he is able to distance himself and jeopardise trial. The State has come before this Court for seeking cancellation of bail immediately upon the grant of bail and, therefore, there has been no occasion for a disclosure through action or words, that the respondent/accused has/intends to thwart the process of justice or prevent fair trial. Liberty being precious to human life, bail once granted ought not to be lightly cancelled. The existence of supervening circumstances or other circumstances as listed hereinabove in their absence, must be strictly ascertained by the court before it cancels the bail already granted. The present case is not one such case where these circumstances exist as discussed above. The State has not succeeded in making out a case for cancellation of bail of the respondent/accused. The present petition for cancellation of bail is accordingly dismissed.
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