TMI Blog2011 (9) TMI 1196X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. Thereafter, respondent No.2 moved Special Leave Petition before the Supreme Court and vide order dated 05.04.2010, respondent No.2 was granted interim relief. 7. Vide order dated 07.01.2011, during the pendency of the said SLP of respondent No.2, Hon'ble Supreme Court wanted to see the FSL report, but the same was not available on the record. However, during the pendency of the SLP the investigating agency filed the charge-sheet in the present case on 13.01.2011. Further, on 28.01.2011, investigating agency filed the supplementary charge-sheet. 8. After perusing the FSL report; vide order dated 11.02.2011, the Apex Court dismissed the SLP. After which, respondent No.2 surrendered before the Court and moved a bail application under Section 439 Code of Criminal Procedure, same was dismissed by the learned Additional Sessions Judge vide order dated 07.03.2011. 9. After committal of the case, the investigating officer Inspector Prabhu Dayal, visited the house of the petitioner and investigated the incident of threat given by Surat Singh s/o Sugad Ram, brother of the accused/respondent No.2 to the son of the petitioner against which, the com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the accused seeking bail on the ground that there are new ground for consideration by this Court for granting bail because there is no apprehension of threat to the witness at all. It is further argued that deceased committed suicide because of depression and not because of any alleged harassment and torture by the accused persons; the arrest of the accused was stayed by the Hon'ble Apex Court and during investigation he has not misused the same in any manner and has regularly joined the investigation till the filing of the charge-sheet; he would not threat the witnesses in any manner during trial and he being government employee posted as Section Officer in Ramjas College, University of Delhi is having no chance of absconding or fleeing from justice and as such in the given facts and circumstances he prayed for grant of regular bail. 14. It has also been recorded by learned Additional Sessions Judge that Investigating Officer of the case Inspector Prabhu Dayal of police station Janakpuri, New Delhi has filed reply giving details of allegations as mentioned in the charge-sheet. In the last para he had stated that on 19.01.2010, a PCR call regarding a threat was recei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her of the deceased Shri Vivek Kumar had stated that there were sufficient hand writing of the deceased in Hindi, but the police had never asked them to supply the same. In case police wanted the handwriting of the deceased in Hindi, that could be given for investigation and comparison of the contents of the suicide note, allegedly written in Hindi and signed in English by the deceased. 21. Admittedly, the suicide note left by the deceased is in Hindi, whereas, the signature thereon of the deceased are in English. 22. Learned Additional Sessions Judge on the basis of the above discussion, had reached the conclusion that respondent No.2/accused stated to be a government employee working as Section Officer in Ramjas College, Delhi University. His mother Smt.Maya Devi, co-accused had already been admitted on bail. At the time of death, deceased was living with her parents since 28.11.2009 i.e. about a month before the death. 23. Learned counsel for the petitioner has drawn the attention of this Court to the suicide note, which is in Hindi, however, the signature and few words in between are written in English. He further submitted that the Trial Court has go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y serious allegations against the accused his bail may be cancelled even if he has not misused the bail granted to him. Morevoer, the above principle applies when the same court which granted bail is approached for cancelling the bail. It will not apply when the order granted bail is appealed against before an appellant/ Revisional Court. 19. In our opinion, there is no absolute rule that once bail is granted to the accused then it can only be cancelled if there is likelihood of misuse of the bail. The factor, though no doubt important, is not the only factor. There are several other factors also which may be seen while deciding to cancel the bail. 27. Learned counsel for respondent No.2 has argued that since 28.11.2009, deceased was with her parents because on 01.12.2009, there was the marriage ceremony of the brother of deceased. Admittedly, respondent No.2 attended the ring ceremony on 30.11.2009. Somehow, due to some altercation which took place with the brother of the deceased; he did not attend the marriage on 01.12.2009. 28. Learned counsel for respondent No.2 has drawn attention of this Court to DD No.17A dated 13.09.2009, wherein, no allegations ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the grounds of cancellation of bail, broadly (illustrative and not exhaustive) are: interference or attempt to interfere with the due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner. 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. These principles, it appears, were lost sight of by the High Court when it decided to cancel the bail, already granted. The High Court it appears to us overlooked the distinction of the factors relevant for rejecting bail in a non-bailable case in the first instance and the cancellation of bail already granted . 31. Additionally relied upon Samarendra Nath Bhattacharjee Vs. State of West Bengal Another: (2004) 11 SCC 165 wherein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ejudice the trial as the matter is still in its infancy. However, it is well settled that once bail is granted the same 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 trial. 35. In my opinion, at the time of deciding the second bail application, the changed circumstances before the learned Trial Court was that, respondent No.2 remained in jail for 45 days. 36. Further, there is no apprehension of absconding by respondent No.2/accused, as he is employed as Section Officer in Ramjas College, University of Delhi. The suicide note was in Hindi; whereas the opinion of the handwriting expert is only given in regard to the signatures, which are in English. The co-accused has already been granted bail. It is noted that respondent No.2 had fully co-operated in the investigation, with the investigating agency during the interim relief granted to him. 37. For the reasons stated above I am of the considered view that no ground to interfere with the impugned order passed b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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