Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27961 of 2008 Petitioner :- Jahan Singh Respondent :- State Of U.P. And Another Petitioner Counsel :- Mahesh Sharma,Sanjay Srivastava Respondent Counsel :- Govt. Advocate,Raj Singh Hon'ble Surendra Singh,J.
Heard learned counsel for the applicant and Sri Raj Singh learned counsel for
the opposite party no.2 as well as learned A.G.A. and also perused the
material placed on record.
The applicant by way of filing the present application in terms of Section
439(2) Cr.P.C. has sought to cancel the bail granted to opposite party no.2 by
Additional Sessions Judge, Court No.1, Bulandshahar in Bail Application
No.191 of 2008, in Case Crime No.14 of 2008, under Sections
302/201/34/147/120-B IPC, P.S. B.B. Nagar District Bulandshahar.
Submissions have been made on behalf of the applicant, the informant of the
aforesaid case that after the accused was released on bail in pursuance of the
order dated 15.4.2008 Additional Sessions Judge, Court No.1, Bulandshahar,
the informant and independent witnesses are being subjected to threats by the
opposite party no.2 and his supporters and there is hardly any progress in the
case which is being tried. Learned counsel for the applicant further submits
that a N.C.R. under Sections 323,504,506 IPC was registered against opposite
party no.2 and other three persons.
Indisputably, the parameter, for grant of bail and cancellation of bail are
different. Very cogent and overwhelming circumstances are necessary for an
order directing the cancellation of the bail already granted. However, bail
once granted, should not be cancelled in a mechanical manner without
considering whether any supervening circumstances have rendered no longer
conducive to a fair trial to allow the accused- opposite party no.2 to retain his
freedom by enjoying the concession of bail during the trial. Viewed in this
perceptive in the absence of any supervening circumstances, it will not be
possible for this Court to cancel the bail of the opposite party no.2 at this
stage. Moreover since accused- opposite party no.2 is on bail for considerable
length of time, I do not think it appropriate to cancel the bail. The prayer for
cancelling the bail is declined and the application is accordingly rejected.
However, the trial court is directed to make an endeavour to conclude the trial
as expeditiously as possible without unreasonable delay.
It is further provided that if the informant or any witness seeks protection for
appearance before the court during the trial, the same shall be provided by the
concerned police official.
Order Date :- 3.2.2010
Mt/