TMI Blog2022 (1) TMI 1394X X X X Extracts X X X X X X X X Extracts X X X X ..... ly after an in-depth examination of the situation and new emergent facts and on finding supervening circumstances and overwhelming evidence that the accused has been abusing the liberty granted to him by the Court, should the Court then exercise its jurisdiction in seizing the liberty of an accused undertrial. Another reason for the Court to be more circumspect in setting aside an order granting bail is that, it involves review of a well-considered, reasoned judicial order granting bail. Personal liberty is one of the cherished constitutional freedoms. An application for cancellation of bail is different from an application for grant of bail. While dealing with an application challenging the order granting bail, the Court has to see whether the order granting bail was vitiated by any serious infirmity or not. Ordinarily, High Court will not exercise its jurisdiction to interfere with an order of bail granted by Special Judge in favour of the accused if there is no serious infirmity in it. The order of the learned ASJ is a well reasoned order which does not require any interference from this Court. This Court finds no merit in the arguments of the Petitioner. The Petition is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of the husband of the complainant was searched and that too after the husband of the complainant had already operated the locker and removed the jewellery. It has also been stated that the lockers of the other three accused were not searched for the reasons best known to the investigating agencies. The said order also quotes the relevant portion of the reply of the I.O. wherein different dates have been given regarding the operation of the lockers. The said reply also notes that the complainant was requested a number of times to provide bills of jewellery articles/dowry articles but sufficient bills have not been provided on the ground that the complainant does not have all the bills/documents. 6. Considering all the aspects, the learned Trial Court after observing that the I.O. had accepted the accused persons have joined investigation on many occasions; the fact that certain documents of stridhan articles claimed were not supplied by the accused persons despite notice under Section 91 CrPC; no articles of the complainant were found in the lockers of the accused; no ITR of the complaint's father for the relevant period was supplied; stridhan articles admitted by the accu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uired. 10. Mr. Manan contends that the respondents own two bank lockers at Standard Chartered Bank in Amritsar and have stored the Petitioner's stridhan there. They have regularly been evading from getting those lockers checked in the presence of the Petitioner. He states that the petitioner apprehends that the respondents may sell off the articles of the petitioner out of vengeance. He contends that the investigation done by the Police is being carried out in a botched-up manner, being unduly influenced by the Respondents because of their social stature. 11. Countering the submissions of the Petitioner, Mr. Kamlesh Mahajan appearing for respondents No. 2-5, submits that they had joined investigation, prior to the stage when anticipatory bail was given by the learned Trial Court and have been unfailingly appearing before the I.O. as and when summoned. He argues that the respondents joined investigation after receiving the notice dated 26.04.2021 from PS Naraina, New Delhi. 12. He submits that in view of the respondents cooperating with the investigation, there is no requirement for their custody. It is submitted that notices under Section 91 CrPC were sent to Standard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eing granted protection from arrest by the learned Trial Court. 17. There is a significant difference between an order rejecting an application for bail and an order for cancellation of bail. An order rejecting a plea for bail in non-bailable offences is in the discretionary domain of the Court and such a case can be decided without delving into details, it can be rejected simpliciter on the gravity of the offence and the perception that liberty, if granted, will be abused by the accused. Whereas in the case of cancellation, the Court is called upon to extinguish the liberty that has been formerly granted. A Court must tread with utmost circumspection, and only after an in-depth examination of the situation and new emergent facts and on finding supervening circumstances and overwhelming evidence that the accused has been abusing the liberty granted to him by the Court, should the Court then exercise its jurisdiction in seizing the liberty of an accused undertrial. Another reason for the Court to be more circumspect in setting aside an order granting bail is that, it involves review of a well-considered, reasoned judicial order granting bail. Personal liberty is one of the cheris ..... X X X X Extracts X X X X X X X X Extracts X X X X
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