Criminal Misc. No. M-2554 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-2554 of 2009 Date of Decision: 29.1.2009 Khushal Chand Vohra …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Sarabjeet Singh Khaira, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) Respondents No.2 to 5 were granted pre-arrest bail. It is a dispute between two brothers regarding the dishonour of cheque for which a complaint under Section 138 of Negotiable Instruments Act has been instituted. Grievance of the petitioner is that a Daily Diary Report was ante dated to create defence for the accused in a complaint under the Negotiable Instruments Act. It has been observed by the Courts that grant of bail is one thing and the cancellation of bail is another. The Courts have been very hesitant to interfere in the cancellation of bail. It has been held in Aslam Babalal Desai v. State of Maharashtra 1993(1) Recent Criminal Reports 600 that orders of bail Criminal Misc. No. M-2554 of 2009 2 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”. In the application, no ground for misuse of the bail has been pleaded. It is stated that application is pending in the Court of learned Sessions Judge, Gurdaspur since April 2006. This petition is devoid of any material particulars. The entire Criminal Misc. No. M-2554 of 2009 3 edifice has been built in five sketchy paragraphs. Hence, the present petition is dismissed with cost of Rs.5,000/-. At this stage, Mr. Khaira has tendered unqualified apology. Therefore, cost is waived off. Learned Sessions Judge, Gurdaspur is directed to dispose off the application for cancellation of bail within one month. Petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge January 29, 2009 “DK”