TMI Blog2015 (12) TMI 1892X X X X Extracts X X X X X X X X Extracts X X X X ..... ullet 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 or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with his brother Rajbeer Rana. His brother asked Prem not to hurl abusive on which the said Prem called his sons Pushpak @ Bunty and Rupak @ Nicky (respondent) and asked them to bring revolver. The complainant tried to stop the accused Prem from doing so, meanwhile co-accused Pushpak s/o. Prem came close to his brother Rajbeer and shot at him 3-4 times. The learned trial court considered the statement of the respondent that he was not present at the time of the incident. 5. Learned APP submitted that respondent Rupak Rana is accused in a case under section 302 IPC for which the punishment is life imprisonment or death. Thus, granting bail is barred under section 437 of Cr.P.C. 6. To strengthen his arguments, learned APP relied upon the judgment of the Supreme Court in the case of Kalyan Chandra Sarkar vs. Rajesh Ranjan alias Pappu Yadav and Another (2004) 7 SCC 528 in which the Apex Court observed as under:-- 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 of course. Though at the stage of granting bail a detailed examination of evidence and elaborate d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed as in the case of applications for cancellation of bail. 8. Learned APP contended that one young person has lost his life. The learned trial court by relying on wrong facts advanced by the respondent/accused has granted bail. 9. In addition to the above, learned APP submitted that the opinion of the FSL expert clearly shows the injury is possible upon the deceased Rajbeer Rana by gun-shot and is not self-inflicted. It is further opined that the injury could be possible due to low velocity project-tile (bullet), which lost velocity after piercing the body of the deceased Rajbeer Rana. 10. On the other hand Mr. Siddharth Luthra, learned Senior Advocate appearing on behalf of the respondent/accused Rupak Rana submitted that the present petitions are filed under section 439(2) Cr.P.C. and under this provision the post bail conduct of the accused is to be seen and there is no allegation against the respondent that after granting bail he has violated any condition of bail. Moreover, the petitioner failed to establish any perversity or illegality in the order. Learned Prosecutor for the State has taken all the grounds before the trial court and, thereafter, the trial court gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pears 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. 13. Learned Senior counsel further relied upon the judgment of the Supreme Court in the case of Onkar Gulati vs. State Anr. 71 (1998) DLT 463 in which the Apex Court observed as under:-- 6. It is a well established principle of law that it is easier to grant bail in a non bailable case. However, once a bail is granted it cannot be cancelled merely on a request from the side of the complainant unless and until the complainant shows that the same is being misused and it is no longer conducive in the interest of justice to allow him any further to remain on bail. Once a man has been set at liberty through an order of a Court he cannot be deprived of the same unless the complainant makes out a case for cancellation of the same. There is a consensus amongst different High Courts and the Hon'ble Supreme Court on this points that a bail once granted 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 by su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d examination of evidence and elaborated documentation of the merit of the case need not to be undertaken. The nature of accusation and surety of punishment in case of conviction and the nature of supporting evidence to be taken into consideration. Moreover, the Court need not take in view the period of incarceration and delay in concluding the trial. 19. 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. 20. However, the learned Judge believed the argument of counsel for the respondent that role assigned to the accused is only after a firing and he was not present on the spot. Thus, he has been impleaded merely with the aid of Section 34 IPC. As per rukka sent by police ..... X X X X Extracts X X X X X X X X Extracts X X X X
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