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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 ..... hin a period of one month from the date of receipt of this order. The trial court is further directed to proceed with the case and conclude it at the earliest independently and in accordance with law without being influenced by any observations made by us which may touch merits of the case as they are merely prima facie observations. The appeal is disposed. X X X X Extracts X X X X X X X X Extracts X X X X ..... , therefore, it cannot be said that there is any non application of mind. Counsel submitted that each of the above circumstances is very relevant and makes out a case of false implication of the accused. Counsel pointed out that there is nothing on record to indicate that after release on bail, the accused had tried to bring pressure on the police. The diary entry produced in this court pertains to an earlier period. Counsel submitted that the accused is on bail for a considerable period. There is nothing on record to show that he has tried to tamper with the evidence or he has obstructed the course of administration of justice. It would be, therefore, improper to cancel his bail. 6. Cancellation of bail is a serious matter. Bail once granted can be cancelled only in the circumstances and for the reasons which have been clearly stated by this court in a catena of judgments. It would be appropriate to refer to a few of them before dealing with the rival contentions. 7. In Gurcharan Singh and others etc. v. State (Delhi Administration)[ (1978) 1 SCC 118], the appellant Gurcharan, who was Superintendent of Police, was charged along with other police personnel under Section 120-B rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case against the accused, character of the evidence will have to be considered. While confirming the High Court's interference with the discretion exercised by the Sessions Court, this court expressed its displeasure about the unwarranted premature comments made by the Sessions Court on the merits of the case when at that stage it was only called upon to consider whether prima facie case was made out against the accused or not. This court particularly referred to statement of ASI Gopal Das, recorded under Section 164 of the Code and observed that this witness had made no earlier contradictory statement and the taint of unreliability could not be attached to his statement at that stage as was done by the Sessions Court. This court found that the Sessions Court was not alive to legal position that there was no substantive evidence recorded against the accused until the eye-witnesses were examined in the trial. Serious note was taken of the fact that the Sessions Court had not focused its attention on relevant considerations. The approach of the Sessions Judge was viewed as suffering from serious infirmity and cancellation of bail was endorsed. 8. In Puran v. Rambilas & Anr.[ (2001 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the offence in which the high ranking police officer was involved. It was observed that past conduct or antecedents of the deceased could not have been a ground for grant of bail to the accused. This court while dealing with the challenge to the said order held that though it is true that parameters for grant of bail and cancellation of bail are different, if the trial court while granting bail acts on irrelevant materials, bail can be cancelled. It was observed that perversity of a bail order can flow from the fact that irrelevant materials have been taken into consideration adding vulnerability to the order granting bail. On the facts of the case, this court held that that the deceased had a shady reputation and criminal antecedents, was certainly not a factor which should have been taken into consideration while granting bail to the accused. It was the nature of the act committed by the accused which ought to have been taken into consideration. The order of the High Court was confirmed on the ground that the bail was granted on untenable grounds. The argument that supervening circumstances such as attempt to tamper with the evidence and interference with the investigation w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el such bail orders particularly when they are passed releasing accused involved in heinous crimes because they ultimately result in weakening the prosecution case and have adverse impact on the society. Needless to say that though the powers of this court are much wider, this court is equally guided by the above principles in the matter of grant or cancellation of bail. 11. It is necessary now to briefly note the facts of the case. The complaint lodged by the appellant stated that on 19/5/2009, the deceased came to his house at about 7.00 p.m. After the deceased received a phone call, he told the appellant that he had to take money from someone and asked him to drop him by his bike at Gandhi Nagar. Accordingly, he dropped the deceased near Janta Store, Opp. Shyam Hawans Paradise Apartment, Gandhi Nagar at 12.00 in the night. The deceased told him that he will come back next morning. Since the deceased did not return as promised, the appellant reached Padawa near Shyam Hawans Paradise Apartment at about 11.00 a.m. and inquired about the deceased. Chowkidar Kuldip Prajapati told him that the deceased was with Rita madam in Flat No.603 and in the morning at about 6.00 a.m., the accu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing in Deepak Colony, she came in contact with the deceased, who was also residing in Deepak Colony. Intimate friendship developed between her and the deceased. Rita further stated that disputes arose between her and the accused. She stated that the accused knew that she was staying with the deceased. In the absence of the deceased, the accused came to her and threatened her. He told her not to reside with the deceased and vacate the house. He made her vacate the house and put her up in a rented accommodation in Gandhi Nagar. On 19/5/2009, the accused was continuously making telephone calls to her. Last call was received at 11.30 p.m. He was threatening her and asking her as to why she was in touch with the deceased. The deceased came to her flat at about 5.30 a.m. When they were taking tea at about 6.00 a.m., the accused came there. He was accompanied by Rai Singh and two others. Those two other persons caught her. They pushed her outside the flat. They closed the door. She went downstairs to call the guard Kuldip Prajapati. She told him that some dispute was going on in her flat. When both of them were going upstairs, she saw all the four persons dragging the deceased down. She d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will have to be said that the investigating agency adopted a very casual approach before the High Court. In any case, the order passed by the High Court releasing the accused involved in a heinous crime on bail, ignoring the relevant material, is legally not tenable. It suffers from serious infirmities. The High Court has exercised its discretionary power in an arbitrary and casual manner. We have also noticed that the incident took place on 19/5/2009 and the accused could be arrested only on 1/6/2011. His two attempts to get anticipatory bail, one from the Sessions Court and the other from the High Court, did not succeed. Assuming that the accused is not likely to flee from justice or after release on bail he has not tried to tamper with the evidence, that is no reason why a legally infirm and untenable order passed in arbitrary exercise of discretion releasing the accused involved in a gruesome crime on bail should be allowed to stand. This order needs to be corrected because it will set a bad precedent. Besides, it will have adverse effect on the trial. 16. Taking an overall view of the matter, we are of the opinion that in the interest of justice, the impugned order granting ..... X X X X Extracts X X X X X X X X Extracts X X X X
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