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TMI Blog2012 (10) TMI 1114X X X X Extracts X X X X X X X X Extracts X X X X ..... m the High Court ignored the well established principles which guide the courts in exercise of their discretion to grant bail. It is inter alia contended that the High Court overlooked extremely vital evidence collected by the investigating agency and, without assigning any reasons, it released the accused on bail. The High Court failed to notice that there is more than prima facie case against the accused and that the brother of the accused who is an IPS Officer is trying to exert pressure on the investigating officers. It is submitted that the High Court's order being perverse must be set aside and the accused must be directed to be taken in custody. 4. Mr. Ajay Vir Singh, learned counsel for respondent 1-State supported the appellant. He relied on the affidavit of Mr. Yogesh Dadhich, Additional Deputy Commissioner of Police, Jaipur City (East), Jaipur in support of his submissions. He also drew our attention to an extract from the relevant station diary which indicates that the brother of the accused tried to pressurize the investigating agency. 5. Mr. U.U. Lalit, learned senior counsel appearing for the accused submitted that though the High Court has not assigned any reasons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with Section 302 of the IPC. During the preliminary enquiry six alleged eye-witnesses, who were police personnel, did not support the prosecution case. However, after the FIR was lodged during the course of investigation, seven witnesses including the said six police personnel gave statements implicating appellant Gurcharan Singh. One eye-witness A.S.I. Gopal Das made a statement under Section 164 of the Code in favour of the prosecution. Learned Sessions Judge released appellant Gurcharan Singh on bail after observing that there was little to gain by him by tampering with the witnesses who had, themselves, already tampered with their evidence by making contradictory statements. Learned Sessions Judge further observed that after reviewing the entire material he was of the opinion that there was little probability of appellant Gurcharan Singh fleeing from justice or tampering with the witnesses. He noted that having regard to the character of evidence he was inclined to grant bail. The prosecution moved the High Court under Section 439 (2) of the Code for cancellation of the said order. The High Court inter alia observed that considering the nature of the offence and the character o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 SCC 338], the appellant therein was charged under Sections 498-A and 304-B of the IPC. The Additional Sessions Judge, Nagpur released the appellant therein, on bail. The High Court cancelled the bail granted to the appellant. The said order was under challenge before this court. It was argued that rejection of bail in a non-bailable case at the initial stage and the cancellation of bail already granted have to be considered and dealt with on different basis. Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of bail already granted. It was argued that generally speaking the grounds for cancellation of bail broadly are interference or attempt to interfere with the due course 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. Reliance was placed on Dolat Ram v. State of Haryana[(1995) 1 SCC 349] in support of this submission. This court observed that in Dolat Ram, it was clarified that the above instances are merely illustrative and not exhaustive and one such ground for cancellation of bail would be where ignoring material and evidence on record a pervers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e absent and, therefore, bail could not have been cancelled by reappreciating evidence, was rejected by this court. 10. Thus, Section 439 of the Code confers very wide powers on the High Court and the Court of Sessions regarding bail. But, while granting bail, the High Court and the Sessions Court are guided by the same considerations as other courts. That is to say, the gravity of the crime, the character of the evidence, position and status of the accused with reference to the victim and witnesses, the likelihood of the accused fleeing from justice and repeating the offence, the possibility of his tampering with the witnesses and obstructing the course of justice and such other grounds are required to be taken into consideration. Each criminal case presents its own peculiar factual scenario and, therefore, certain grounds peculiar to a particular case may have to be taken into account by the court. The court has to only opine as to whether there is prima facie case against the accused. The court must not undertake meticulous examination of the evidence collected by the police and comment on the same. Such assessment of evidence and premature comments are likely to deprive the ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, who used to meet Rita madam came with his four/five men in a jeep bearing Registration No.RJ-14-UB-294. All of them went into Flat no.603; beat up the deceased; dragged him out of the flat, dumped him in the jeep and left the place in the jeep. After that, he searched for the deceased. He ultimately went to the police station and gave the information to the police. Thereafter, he went to the mortuary in SMS Hospital. At the mortuary he saw the dead body of the deceased and identified it. The appellant stated that he was sure that the deceased was murdered by the accused and his associates. On the basis of this FIR, investigation was started. 12. During investigation, on 10/6/2009, statements of Kuldip Prajapati, the Chowkidar of Shyam Hawans Paradise Apartment and Rita were recorded under Section 164 of the Code by Judicial Magistrate, First Class No.15, Jaipur City, Jaipur. Copies of these statements have been perused by us. Kuldip Prajapati inter alia stated in his statement that Rita came to reside in Flat No.603 situate in Shyam Hawans Paradise Apartment belonging to R.P. Singh on 7/5/2009. The accused was a usual visitor at the said flat. On 19/5/2009 at about 8.30 p.m., h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not know where the deceased was taken. She informed the brother of the deceased that the accused had taken away the deceased. She concluded that the accused, Rai Singh, Vijay and Subhash jointly committed the murder of the deceased. 14. From the complaint and the aforementioned two statements recorded under Section 164 of the Code, it prima facie appears that there was illicit relationship between the accused and Rita. However, Rita came in contact with the deceased and intimate relationship developed between the two, which was not liked by the accused. It appears to be the case of the investigating agency that, therefore, the accused eliminated the deceased with the help of his companions. 15. At this stage, we do not want to comment on the credibility or otherwise of the evidence collected by the prosecution. Whether the statements of Kuldip Prajapati and Rita would ultimately help the prosecution to establish its case can be ascertained only when the trial is concluded. That is the function of the trial court. It would be inappropriate to discuss the evidence in depth at this stage because it is likely to influence the trial court. We, therefore, refrain from doing so. But, w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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