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TMI Blog2009 (11) TMI 198X X X X Extracts X X X X X X X X Extracts X X X X ..... llegation that the respondent has tried to misuse the liberty of bail granted to him. There is no allegation that he did not attend the Court or even the office of Directorate of Revenue Intelligence. There is no allegation of his trying to influence any witness or interfering with the course of investigation. In view of the above discussion, subject to the respondent complying with the undertaking given by his counsel, there is no compelling ground for setting aside the order whereby the bail was granted to the petitioner. The petition is therefore dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the cancellation of the bail, already granted. Generally speaking 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 SCC 368, while considering an appeal against the order of the High Court cancelling the bail granted to the appellant, the Hon'ble Supreme Court inter alia observed as under :- "7……..Cancellation of bail should not be done in a routine manner. Where it appears to the superior Court that the Court granting bail acted on irrelevant, materials or there was non-application of mind or where Court does not take note of any statutory bar to grant of bail, order for cancellation of bail can be made. These circumstances are illustrative and not exhaustive......." 6. In Subodh Kr. Yadav v. State of Bihar & Another - 2009 (3) JCC 2362, the Hon'ble Supreme Court was considering an appeal against the order of the High Court cancelling the bail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the post bail conduct and supervening circumstances, but also the facts and circumstances which prevailed at the time of granting bail and which ought to have been taken into consideration by the Court, which granted bail. Irrespective of whether the prosecution seeks cancellation of bail or challenges the order whereby bail is granted, the net effect, in the event, of such a petition being allowed, would be the same. Hence, post-bail conduct is not irrelevant even while considering a petition seeking setting aside of bail order, though such a conduct alone would not be the determinative factor. A bail would normally be cancelled if the accused tries to interfere with the course of justice by influencing the witnesses or he evades the proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of the order, whereby the bail was granted though there can be no denial that the Court before which the judgments are referred ought to duly consider them before it passes the order. This is not an act attributable to the accused and it is always open to the aggrieved party to bring such judgments to the knowledge of the superior Court in appropriate proceedings. 10.In the present case, there is no allegation that the respondent has tried to misuse the liberty of bail granted to him. There is no allegation that he did not attend the Court or even the office of Directorate of Revenue Intelligence. There is no allegation of his trying to influence any witness or interfering with the course of investigation. Though the case of the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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