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1999 Supreme(SC) 231

A. S. ANAND, M. SRINIVASAN, N. S. HEGDE
Subhendu Mishra – Appellant
Versus
Subrat Kumar Mishra – Respondent


Judgement

JUDGMENT :- Leave granted.

2. The bail granted to the appellant by the 2nd Additional Sessions Judge on 8th August, 1997 was cancelled by the High Court on 28th August, 1997 on a petition filed by the brother of the deceased. The State had, however, not chosen to question the grant of bail in the High Court.

3. We have perused the order of the High Court and heard learned counsel for the parties.

4. In Dolat Ram v. State of Haryana (1995) 1 SCC 349 while drawing a distinction between rejection of bail in a non-bailable case at the initial stage and the cancellation of bail already granted, it was opined by this Court :

". . . . . . . . . Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail, already granted. Generally speaking, the grounds for 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 accus



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