ORDER This is an application for bail filed by Joaquim Mann, a German National. He was charged for theft and for forging a passport. The second offence is punishable with imprisonment for life. The two offences were tried under two different criminal cases. In the case of theft the trial Court has already convicted the applicant under Section 380 I.P.C. and sentenced him to undergo R.I. for six months and a fine of Rs. 500/- in default of fine to undergo further R.I. for two months. An appeal was preferred against the order of the trial Court before the Sessions Judge and pending the appeal an application for staying the execution of the sentence, and for the applicant's release on bail was also made. The bail was granted by the Sessions Court on 16-5-1973. 2. Regarding the second offence, i.e. of forgery, also an application for bail was made to the Sessions Court and it was granted by the Court by its order dated 10-5-1973. However, on a subsequent application made by the State the bail granted in both the cases was cancelled and Mann was remanded to custody. 3. It is argued by Dr. Lobo that the material collected by the police during the investigation is so scanty that the chances of Mann being convicted are extremely remote. Dr. Lobo argues that all that was found against Mann was that he was in possession of a purse containing a passport and some currency in dollars which disappeared from under the pillow of a young lady staying in a hut. The police could not trace the young lady who appears to have disappeared after the alleged theft. It is not known whether the purse which is said to have disappeared was identified. The currency was not identified. The main question however centres round the forgery of the passport. It is alleged by the prosecution that the passport was forged and the name of Miss Ethiene was inserted. When the passport was found in the possession of Mann his own passport was also found with him. Dr. The currency was not identified. The main question however centres round the forgery of the passport. It is alleged by the prosecution that the passport was forged and the name of Miss Ethiene was inserted. When the passport was found in the possession of Mann his own passport was also found with him. Dr. Lobo argues that this goes a long way to indicate that there does not appear that a forgery had been committed, but that in any event the forgery, if any, does not appear to have been committed by Mann, since the name inserted in passport was that of a lady and would give to Mann no advantage. Several weeks have passed over the incident and arrest of Mann, but no material has been collected by the police up to now, such as the opinion of a handwriting expert, to show that the alleged forgery was committed by Mann. 4. The more important ground on which the order of the Session Judge, cancelling the bail is challenged, is that the bail; which was granted to Mann by consent of the State was cancelled by the Sessions Judge without having regard to the grounds on which, according to the well-accepted principles of law, orders granting bail are allowed to be cancelled. In addition to this, Dr. Lobo argues that the very application whereby the said prayer for cancellation of bail was made does not disclose any fact such as the possibility of the accused absconding or jumping bail or tampering with witnesses and so on, which are conditions pre-requisite for the cancellation of bail which bears the date 1-6-1973. All that Shri Gama learned Assistant Government Pleader, states is that evidence is support of the application for cancellation of bail will be produced at the time of the hearing. At the time of the hearing Shri Gama produced a bare statement purporting to be a copy of a letter from N.C.B., West Germany. It is not clear from the copy to whom the letter is addressed, neither is it clear who is the signatory to the letter, this apart from the fact that the purported copy contains only typed matter and no sign or signature made in ink. The party producing it has not stated that the copy is a true copy. It is not clear from the copy to whom the letter is addressed, neither is it clear who is the signatory to the letter, this apart from the fact that the purported copy contains only typed matter and no sign or signature made in ink. The party producing it has not stated that the copy is a true copy. The letter speaks about a French subject known as Michel, but states that the records of Michel are unknown. It states that they (probably the German police) are in possession of fingerprints of Mann taken in Dusseldorf for dangerous bodily injury; that the identity of Mann was established; that he came to the notice of the authorities for disappearance, theft and offences against the opium law; that he is wanted by the Dusseldorf Public Prosecutor with a view to arrest him for living on the earnings of a prostitute; that so far there has been no decision if the Dusseldorf Public Prosecutor will request his extradition and that in case extradition is requested the addressee of the letter would be informed. The letter further states that Mann holds a valid passport. As I have said the letter cannot be relied upon because; there is nothing to vouchsafe it, but admitting for argument's sake, that it can, all the that transpires from it is that in case the Public Prosecutor of Dusseldorf institutes extradition proceedings, which proceedings have to instituted in a court of law, then Mann will have to be extradited to Germany if the court decides the proceedings in favour of the German Government. This to mind, is too remote a reason for cancellation of bail of Mann, after it was once granted. 5. In support of the order of the Sessions Judge Shri Gama relies on the principles on which bail is granted. I am afraid he is labouring under an error of law because the principles on which bail is granted are vastly different from those under which bail once granted can be cancelled. In a plethora of decisions given on this point, the law regarding the cancellation of bail is crystallized and one of the following conditions must be satisfied before the bail is cancelled :- "1. In a plethora of decisions given on this point, the law regarding the cancellation of bail is crystallized and one of the following conditions must be satisfied before the bail is cancelled :- "1. Where the person on bail during the period of bail commits the very same offence for which he is being tried or has been convicted, and thereby proves his utter unfitness, to be on bail.; 2. If he hampers the investigation as will be the case if he, when on bail, forcibly prevents the search of places under his control for the corpus delicti or other incriminating things; 3. If he tampers with the evidence, as by intimidating the prosecution witnesses, interfering with the scene of offence in order to remove traces or proof of the crime etc.; 4. If he runs away to a foreign country, or goes underground, or beyond the control of his sureties; and 5. If he commits acts of violence, in revenge, against the police and the prosecuting witnesses of those who have booked him or are trying to book him." Mann was on bail from 16-5-1973 to 1-6-1973 and none of the conditions mentioned by me above are alleged against him. 6. I am of the opinion that the order cancelling the bail of Mann cannot be sustained. However, having regard to the circumstances of the case, I find that certain conditions must be imposed before the order of cancellation of bail is set aside. The following order is therefore passed : 7. The order of the learned Sessions Judge dated 7-6-1973 is set aside. The applicant Joaquim Mann shall be released on bail in the sum of Rupees 20,000/- on both the counts with two sureties in the like sum. One of the sureties, shall as far as possible be the person at whose residence he shall be staying after his release. He shall report to the C.I.D. Police Headquarters. Foreigners' Branch Panji everyday. He shall not leave the city of Panji without previous authorization of the C.I.D. Police at Panji. 8. The case of forgery which is at present pending in the Sessions Court shall be expedient. Order accordingly.