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1 - 10 of 20 (0.62 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
State Of Bihar vs Rajballav Prasad @ Rajballav Pd. Yadav @ ... on 24 November, 2016
37. In the present case, there has been coercion and influence
exerted on the injured eye witnesses, threats being given to the injured
witnesses. These factors certainly call for cancellation of bail granted by the
learned Sessions Judge. Further, it is seen that the learned Sessions Judge
had failed to consider the antecedents of second respondent/first accused
who has nearly 27 previous cases of inflicting violence on general public.
The contentions of the learned counsel for the second respondent/first
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accused that this case is a put up case and that he was in hospital and that
he did not participate in the violence are matters for him to establish during
the course of trial. But, for the trial to be conducted in harmonious
atmosphere, it is essential that the witnesses are protected and that the
witnesses depose evidence without fear. It is seen that the second
respondent/first accused is a prominent member of a political party in the
local village. There is every possibility that day by day his very presence in
the village will install fear in the minds of the witnesses and other villagers.
To ensure the sanctity of the criminal justice system and to ensure that
public interest has the confidence that the criminal justice delivery system
works efficiently, smoothly and in a fair manner as stipulated by the Hon'ble
Supreme Court in State of Bihar V. Rajballav Prasad, 2017 (2) SCC 178,
supra, I hold without any hesitation that the bail granted must be cancelled.
Accordingly, this Criminal Original Petition is allowed.