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 the Sessions Judge, Firozabad in Bail Application No.107 of 2008, in Case Crime No.405 of 2007, under Sections 147,148,149,307,302 IPC & Section 7 Criminal Law Amendment Act, P.S. Rasoolpur, District Firozabad.
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 28.2.2008 passed by the sessions Judge, Firozabad, 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 352,504,506 IPC was registered against opposite party no.2.
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 :- 21.1.2010 Mt/