1992 CRI. L. J. 4000 ::1992 (2) RecCriR 530 ::1992 (2) ChandCriC 311 ::(1992) 3 Crimes 266 ::1993 (1) AllCriLR 512

Delhi High Court

Hon'ble Judge(s): Usha Mehra , J

Criminal P.C. (2 of 1974) , S.439(2), S.437(5)— Cancellation of bail - Considerations - Threat to formal witness by the accused - Misuse of liberty by the accused and tampering witnesses, not established Court declined to cancel bail. Consideration for cancellation of bail is whether there has been prima facie 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 by 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 probabilities that the accused has misused his liberty or there is 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.(Para 1) Thus in the instant case father of deceased, a formal witness, sought cancellation of bail on the ground that accused threatened him not to pursue the case. Held, the fact that accused asked him not to pursue the case will not serve only purpose because it is a state case and not a complainant's case. Prosecution has not joined with applicant seeking the....