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2015 (12) TMI 1892 - HC - Indian LawsCancellation of bail granted - accused is facing trial under Section 302 IPC for which punishment is life imprisonment or death - bar on grant of bail under Section 437 of Cr.P.C. - HELD THAT:- 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. The respondent is facing trial for the offence punishable under Section 302 IPC and Section 25/27/30 Arms Act. The respondent sustained bullet injuries in his hand which clearly shows his presence at the spot at the time of incident in question. This fact has been further established by the opinion dated 20.03.2014 given by Dr. Bhim Singh with regard to bullet injuries sustained by respondent. He opined that the said injuries could be possible due to low velocity project-tile (bullet), which lost velocity after piercing the body of the deceased Rajbeer Rana. It is not in dispute that the accused is facing trial under Section 302 IPC for which punishment is life imprisonment or death. Thus, granting bail is barred under Section 437 of Cr.P.C. If in such a case, bail is granted in a mechanical manner then wrong message goes to society that after committing a heinous crime one can move freely out of the jail. This type of concession encourages the offender and discourages the victim in particular and the society as a whole. Thus, in such cases bail should be granted rarely in a case where the involvement of the accused is prima facie doubtful - In the case in hand the respondent actively participated in committing murder. His presence is very much established by the injuries received on his hand. Accordingly, the order dated 02.03.2015 whereby the learned trial Court granted bail to the respondent is set aside. The respondent is directed to surrender before the trial Court within one week from today - Petition allowed.
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