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1992 Supreme(Del) 387

USHA MEHRA
TTLAK RAJ KOHLI – Appellant
Versus
DEVENDER KUMAR – Respondent


USHA MEHRA, J.

( 1 ) CONSIDERATION for cancellation of bail is whether there has been prima facia case. The gravity of offence and whether the accused has misused the liberty after he is enlarged on bail resulting in reasonable apprehension of tampering with the evidence are to be established buy the prosecution on preponderence of probabilities. The supervening circumstances have to be taken into consideration while considering such an application for cancellation of bail. Proving by the test of balance of peobabilities that the accused has misused his liberty or that there is a reasonable apprehension that he will interfere with the course of justice is all that is necessary for the prosecution to prove in order to succeed in an application for cancellation of bail. With this proposition of law in view, that we have to see in the present case is whether the application has made out any case for the cancellation of the bail already granted in this case.

( 2 ) IN nut shell the case is that on 7. 6. 91, S. H. O. Police Station Saraswati Vihar received an information on the wireless. Upon receiving that information he alongwith his officials reached Road No. 44, DDA Park, Opposit Cha







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