Criminal Misc. No. M-8598 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-8598 of 2009 Date of Decision: 27.3.2009 Sandeep Rani …Petitioner Versus Ramesh Kumar and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Rajesh K. Dadwal, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) Parents-in-law of the complainant were granted pre-arrest bail by the Additional Sessions Judge, Sangrur, in case FIR No. 54 dated 2.3.2009 registered at Police Station City Kotwali, Malerkotla, under Sections 406, 498-A & 506 IPC. Order of granting bail is annexed with the petition as Annexure P3. Grievance of the petitioner is that no recovery was effected from father-in-law and mother-in-law and husband has not been arrested. It has been held by the Courts that grant of bail is one thing and cancellation of bail is another. Criminal Misc. No. M-8598 of 2009 2 It has been held by Hon'ble the Apex Court in Aslam Babalal Desai v. State of Maharashtra 1993(1) Recent Criminal Reports 600 that orders of bail can only be cancelled if accused suborn the witnesses or make an attempt to flee from the Country. It has been held therein as under:- “...As stated in Raghubir Singh's case (1987 Cri LJ 157) the grounds for cancellation under Sections 437(5) and 439(2) are identical, namely, bail granted under Section 437(1) or (2) or 439(1) can be cancelled where: (i) the accused misuses his liberty by indulging in similar criminal activity, (ii) interferes with the course of investigation, (iii) attempts to tamper with evidence or witnesses, (iv) threatens witnesses or indulges in similar activities which would hamper smooth investigation, (v) there is likelihood of his fleeing to another country, (vi) attempts to make himself scarce by going underground or becoming unavailable to the investigating agency, (vii) attempts to place himself beyond the reach of his surety etc. These grounds are 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 because it interferes with the liberty of the individual and hence it must not be lightly resorted to”. Criminal Misc. No. M-8598 of 2009 3 Therefore, no ground for cancellation of bail granted to respondents No.1 and 2 is made out. Dismissed. (Kanwaljit Singh Ahluwalia) Judge March 27, 2009 “DK”