Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 497(5) --------- Penal Code (XLV of 1860), Ss.302 & 34 --------- Qatl-i-amd, common intention --------- Cancellation of bail, application for --------- Principles governing the grant of bail and cancellation thereof substantially stood on different footings and there was no compulsion for cancelling the bail, unless the bail granting order was patently illegal, erroneous, factually incorrect, and had resulted in miscarriage of justice; or where accused was found to be misusing the concession of bail by extending threats; or tampering with the prosecution case --------- Courts had always been slow to cancel bail already granted, as the liberty of a person, could not be curtailed on flimsy grounds --------- Grounds for cancellation of bail were pari materia with the principles which would apply to setting aside the order of acquittal --------- Once bail was granted by a court of competent jurisdiction, strong and exceptional grounds would be required for cancellation of bail --------- In the present case, post arrest bail had been granted to accused by the Trial Court on medical ground --------- In the FIR, accused and co-accused were attributed the role of catching hold of the deceased when other co-accused committed murder of the deceased by making fire --------- Co-accused had been extended concession of bail by the Trial Court --------- Sister-in-law of the complainant (widow of deceased), who was the sole eye-witness of the occurrence as per FIR, had changed her version by stating that, accused on the Lalkara of co-accused had also made fire upon the deceased and she did not support the sequence of events taking place in the occurrence --------- Earlier application of accused for grant of bail was dismissed by the courts below in his absence, though an application was filed for condonation of his absence along with Hospital record --------- Ground of ill health of accused for grant of bail was available to him at the time of second bail application, which he filed after his arrest --------- As per report of doctor, accused had headache, dizziness, forgetfulness, nightmares, palpitation,…

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