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Manjit Prakash And Ors. Versus Shobha Devi And Anr.

CRL.A. 1113 Of 2008 - Dated:- 18-7-2008 - PASAYAT ARIJIT And BEDI H.S.,JJ. JUDGMENT DR. ARIJIT PASAYAT, 1. Leave granted. 2. Appellants challenge the order passed by a learned Single Judge of the Patna High Court cancelling the bail granted to them by order dated 7.9.2006 in Criminal Miscellaneous No. 10719 of 2006. The application for cancellation of bail was filed by the respondent No.1. Appellants 1, 2 & 3 are arrayed as accused Nos. 1, 2 & 4. Five persons were granted bail by order d .....

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anceling bail has not elaborately dealt with the circumstances to warrant cancellation of bail, the same is in order. 4. The appellants and the other two in respect of whom the High Court has not interfered, were granted provisional bail by order dated 3.5.2006 which came to be confirmed on 7.9.2006. It was stated that the husband and wife have been residing together in the matrimonial home. Earlier there was a suit for restitution of conjugal rights filed by appellant No. 2 who withdrew the sam .....

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Babalal Desai v. State of Maharashtra the circumstances when bail granted can be cancelled were highlighted in the following words: (SCC pp. 289-90, para 11): 11. On a conjoint reading of Sections 57 and 167 of the Code it is clear that the legislative object was to ensure speedy investigation after a person has been taken in custody. It expects that the investigation should be completed within 24 hours and if this is not possible within 15 days and failing that within the time stipulated in cla .....

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uld be enlarged on bail. From experience this was found to be insufficient particularly in complex case and hence the proviso was added to enable the Magistrate to detain the accused in custody for a period exceeding 15 days but not exceeding the outer limit fixed under the proviso (a) to that sub-section. We may here mention that the period prescribed by the proviso has been enlarged by State amendments and wherever there is such enlargement, the proviso will have to be read accordingly. The pu .....

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ode, was to treat the order as one passed under the latter provisions. Once the order of release is by fiction of law an order passed under Section 437(1) or (2) or Section 439(1) it follows as a natural consequence that the said order can be cancelled under sub-section (5) of Section 437 or sub-section (2) of Section 439 on considerations relevant for cancellation of an order thereunder. As stated in Raghubir Singh v. State of Bihar2 the grounds for cancellation under Sections 437(5) and 439(2) .....

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ound or becoming unavailable to the investigating agency, (vii) attempts to place himself beyond the reach of his surety etc. These grounds are illustrative and not exhaustive. It must also be remembered that rejection of bail stands on one footing but cancellation of bail is a harsh order because it interferes with the liberty of the individual and hence it must not be lightly resorted to. 7. It is, therefore, clear that when a person to whom bail has been granted either tries to interfere with .....

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as follows: 11. The law in regard to grant or refusal of bail is very well settled. The court granting bail should exercise its discretion in a judicious manner and not as a matter or course. Though at the stage of granting bail a detailed examination of evidence and elaborate documentation of the merit of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having c .....

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ion of the court in support of the charge. (See Ram Govind Upadhyay v. Sudarshan Singh (2002 (3) SC 598) and Puran v. Rambilas (2001 (6) SCC 338). 9. It was also noted in the said case that the conditions laid down under Section 437 (1)(i) are sine qua non for granting bail even under Section 439 of the Code. 10. In para 14 it was noted as follows: 14. We have already noticed from the arguments of learned counsel for the appellant that the present accused had earlier made seven applications for .....

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5-7-2001. While cancelling the said bail this Court specifically held that the fact that the present accused was in custody for more than one year (at that time) and the further fact that while rejecting an earlier application, the High Court had given liberty to renew the bail application in future, were not grounds envisaged under Section 437(1)(i) of the Code. This Court also in specific terms held that the condition laid down under Section 437(1)(i) is sine qua non for granting bail even und .....

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three years in this case) by itself would not entitle the accused to being enlarged on bail, nor the fact that the trial is not likely to be concluded in the near future either by itself or coupled with the period of incarceration would be sufficient for enlarging the appellant on bail when the gravity of the offence alleged is severe and there are allegations of tampering with the witnesses by the accused during the period he was on bail. 11. Even though the re-appreciation of the evidence as d .....

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