Criminal Misc. No. M-987 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-987 of 2009 Date of Decision: 14.1.2009 Karnail Singh …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Rakesh Kumar, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) This petition has been filed for cancellation of pre-arrest bail granted to Kashmir Kaur alias Piaro and regular bail granted to Joginder Singh by learned Sessions Judge, Kapurthala. Learned Sessions Judge, Kapurthala, while granting bail, has taken into consideration the fact that the dying declaration of the deceased was recorded on 30.4.2008 wherein she accepted the fact that she received burn injuries while cooking on the stove. This dying declaration was counter-signed by the complainant/petitioner. On the next day i.e. on 1.5.2008 complainant also made statement that he did not suspect any foul play. The discretion of bail has been exercised by learned Sessions Judge, Kapurthala. This Court is not a Appellate Court. It has been held by Hon'ble the Apex Court in Aslam Babalal Desai v. State of Criminal Misc. No. M-987 of 2009 2 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”. The Courts have always held that grant of bail is one thing and cancellation of bail is another. I find no infirmity in the order granting bail. Therefore, no Criminal Misc. No. M-987 of 2009 3 interference is warranted in the present application for cancellation of bail. Hence, the present petition is dismissed. (Kanwaljit Singh Ahluwalia) Judge January 14, 2009 “DK”