following
elemental distinction in defining the nature of exercise
while canceling bail:
Rejection of bail when bail is applied for is one thing;
cancellation ... secure cancellation of bail. Hence, the apparent distinction
in the approach of the Court while granting bail and
cancelling bail. This field is covered entirely
bail. There is no recovery from this
petitioner.
8. Per contra, learned HCGP seriously objected the bail
petition and contended that the rejection of bail ... bail by the co-ordinate
bench of this court. Co-ordinate bench while granting bail not
at all touched the subject and simply granted bail
illustrative and not exhaustive. It must also be remembered that rejection of bail stands on one footing but cancellation of bail is a harsh order ... paragraph-4 lays down the principles as under :-
"Rejection of bail in a non-bailable case at the initial stage and the cancellation
with the order of the High Court relating
to grant or rejection of bail but in the
instant case, having carefully gone
through the impugned ... bail by noticing the
grounds on which earlier bail applications have
rejected and after such consideration if the court
is of the opinion that bail
STATE OF HARYANA ([1995] 1
SCC 349) has held that 'rejection of bail in a non-
bailable case at the initial stage and cancellation ... with the order of the High Court relating
to grant or rejection of bail but in the
instant case, having carefully gone
through the impugned
made out a
case to interfere with the impugned order of
rejection of bail under the provisions of section ... made out a
case to interfere with the impugned order of
rejection of bail under the provisions of section
ground on the ground of delivering the child and seeking
anticipatory bail after rejection of the bail petition does not
arise and it cannot ... medical certificate obtained
from the Hospital on 27.03.2021 after rejection of this bail
petition on 18.03.2021. Accused No.2 is also absconding
from the date
Atrocities Act, 1989) praying to set aside the
judgment/order of rejection of bail application filed by the
appellant under Section ... challenging the order of
rejection of bail petitions and are seeking to be enlarged on
bail.
4. The complaint came to be filed
line of precedent this
Court has emphasised the distinction between
the rejection of bail in a non-bailable case at
the initial stage ... accused
absconding is yet another reason justifying the
cancellation of bail. However, bail once granted
should not be cancelled in a mechanical
manner without considering
required for any
custodial interrogation and as such they should be granted bail.
6. Per contra, Sri Ravivarma Kumar, learned Special Public
Prosecutor ... comes to be rejected. The reason for rejection of bail can be
gathered from a few paragraphs of the order passed by the
concerned Court
