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1996 Supreme(P&H) 1487

SWATANTER KUMAR
In Re – Appellant
Versus
State Of Punjab – Respondent


Judgment

Swatanter Kumar, J.

1. The short question that falls for consideration in both Criminal Miscellaneous Nos. i.e. 12630-M of 1996 and 11422 M of 1996 is whether the following ground in absence of any definite evidence on record, can be a ground for cancellation of bail granted on merits by the trial Court. It will be relevant to refer to the only ground as pleaded by the petitioner.

"That the accused are highly aggressive people and are bound to tamper with the prosecution evidence as it shall be well neigh impossible for the PWs to appear in the Court as PWs to support their case. The conduct of the accused publicly abusing the complainant side in drunken condition on the previous day and when objected to assaulting three members of the family on the next day leaves no doubt about their intentions to beat the PWs."

2. Three co-accused namely Janak Raj, Parkash Chand and Kamail Singh were granted bail by the learned Sessions Judge, Gurdaspur vide order dated 1.7.1996. Janak Raj vide order dated 1.7.1996 and other two people vide order dated 5.7.1996 have been released on bail. The learned Sessions Judge after considering the matter at some length held that the question of app










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