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2023 (5) TMI 233 - SC - Indian LawsCancellation of bail granted to petitioner - High Court observed that the mere fact that the charge-sheet had been filed could not be considered as a change in circumstances - HELD THAT:- After the charge-sheet was submitted before the competent Court under Section 173 of the Code of Criminal Procedure 1973, the appellant moved for bail afresh. The order passed by the Trial Judge granting bail on the ground that the charge-sheet had been submitted and that the other accused were on bail was eminently fair and reasonable. The order of the High Court directing that the appellant be arrested immediately and seeking an explanation from the Second Additional Sessions Judge was wholly disproportionate and was not warranted. Such orders of the High Court produce a chilling effect on the District judiciary. The members of the district judiciary cannot be placed in a sense of fear if they were to exercise the jurisdiction lawfully entrusted to them for granting bail in appropriate cases. The order of the Trial Judge does not indicate that he had applied the wrong principles of law. Quite to the contrary, the exercise of the discretion to grant bail, having due regard to the nature of the offence, the fact that other accused had been granted bail and the charge-sheet had been submitted, was appropriate. The appellant was in custody from 29 June 2022 till 16 August 2022, when he was granted bail by the Trial Court. As a result of the cancellation of bail by the High Court on 2 December 2022, he was taken into custody until he was released in pursuance of the order of this Court dated 24 February 2023 granting bail - the impugned order of the High Court dated 2 December 2022 is set aside. The application for cancellation of bail shall accordingly stand dismissed.
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