Bail once granted can't be cancelled unless cogent case, based on supervening
event nade out. Ms X v State of Telangana,
AIR 2018 SC 2466
The provision of Prevention of Money Laundering Act, 2003( 15 of 2003) has an
overriding effect and are binding on Court while considering application of bail
under section 439 Crpc: Gautam Kundu vs Monoj Kumar,
AIR 2016 SC 106
The court while granting bail has to consider the factors i.e
- the nature of accusation and severity of punishment in case of conviction
and the nature of supporting evidence
- reasonable apprehension of tempering with the witnesses or apprehension
of threat to the complainant and
- prima fatisfaction of the Court in support of the charge.
In addition to the
above , the court while considering a petition for grant of bail in a non bailable offence, apart from seriousness of the offence, likelihood of the
accused fleeing from justice and tempering with the Prosecution witnesses,have
to be noted.
The Supreme Court should not ordinarily, save in exception cases, interfering
with order s granting or refusing Bail by the High Court because the High court
should normally be the final arbiter in such matters.
For cancellation of Bail, conduct subsequent to the release on bail and the
supervening circumstances alone are relevant. But in an appeal against grant of
bail,all aspects that are relevant continue to be relevant
C.B.I v Amarmani Tripathi,AIR 2005 SC 3490