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TMI Blog2008 (7) TMI 1039X X X X Extracts X X X X X X X X Extracts X X X X ..... ase No. 10719 of 2006. By the impugned order the learned Single Judge directed cancellation of bail granted to the present appellants while holding that the two others being ladies there was no need to cancel the bail granted to them. 2. Though various points were urged in support of the appeal primarily it was submitted that no reasons have been given for canceling the bail. 3. Learned counsel for the respondent No.1-complainant submitted that though the order canceling bail has not elaborately dealt with the circumstances to warrant cancellation of bail, the same is in order. 4. The appellants and the other two in respect of whom the High Court has not interfered, were granted provisional bail by order dated 3.5.2006 which came t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d earlier, the legislative history shows that before the introduction of the proviso to Section 167(2) the maximum time allowed to the investigating agency was 15 days under sub-section (2) of Section 167 failing which the accused could be enlarged on bail. From experience this was found to be insufficient particularly in complex case and hence the proviso was added to enable the Magistrate to detain the accused in custody for a period exceeding 15 days but not exceeding the outer limit fixed under the proviso (a) to that sub-section. We may here mention that the period prescribed by the proviso has been enlarged by State amendments and wherever there is such enlargement, the proviso will have to be read accordingly. The purpose and object ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unavailable to the investigating agency, (vii) attempts to place himself beyond the reach of his surety etc. These grounds are illustrative and not exhaustive. It must also be remembered that rejection of bail stands on one footing but cancellation of bail is a harsh order because it interferes with the liberty of the individual and hence it must not be lightly resorted to. 7. It is, therefore, clear that when a person to whom bail has been granted either tries to interfere with the course of justice or attempts to tamper with evidence or witnesses or threatens witnesses or indulges in similar activities which would hamper smooth investigation or trial, bail granted can be cancelled. Rejection of bail stands on one footing, but cancella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sine qua non for granting bail even under Section 439 of the Code. 10. In para 14 it was noted as follows: 14. We have already noticed from the arguments of learned counsel for the appellant that the present accused had earlier made seven applications for grant of bail which were rejected by the High Court and some such rejections have been affirmed by this Court also. It is seen from the records that when the fifth application for grant of bail was allowed by the High Court, the same was challenged before this Court and this Court accepted the said challenge by allowing the appeal filed by the Union of India and another and cancelled the bail granted by the High Court as per the order of this Court made in Criminal Appeal No. 745 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the evidence as done by the Court granting bail is to be avoided, the Court dealing with an application for cancellation of bail under Section 439 (2) can consider whether irrelevant materials were taken into consideration. That is so because it is not known as to what extent the irrelevant materials weighed with the Court for accepting the prayer for bail. 12. In Puran v. Rambilas and Anr. (2001 (6) SCC 338) it was noted as follows: 11. Further, it is to be kept in mind that the concept of setting aside the unjustified illegal or perverse order is totally different from the concept of cancelling the bail on the ground that the accused has misconducted himself or because of some new facts requiring such cancellation. This position is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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