Research › Browse › Judgment

Supreme Court of India · body

1983 DIGILAW 442 (SC)

S. Mal Singh and S. Swarn v. Delhi Administration

1983-12-15

E.S.VENKATARAMIAH, R.B.MISRA

body1983
JUDGMENT : Venkataramiah J. - Having heard the learned counsel for the appellants and the learned Additional Solicitor General appearing for the Delhi Administration, we are of the view that the High Court was in error in the facts and circumstances of this case in cancelling the bail already granted by the learned Trial Judge. We accordingly set aside the order of the High Court. The appellants shall be enlarged on bail by the Learned Sessions Judge on furnishing security to his satisfaction. Any observation made by the Learned Sessions Judge at the time of granting bail and by the High Court in the order of cancelling the bail and the fact that this court has passed this order enlarging the accused-appellants on bail, shall not be treated as having any effect on the merits of the case. It is open to the prosecution to apply for cancellation of bail before the Learned Sessions Judge if they are satisfied that the appellants have attempted to tamper with the prosecution witnesses during the trial. 2. The appeal is disposed of accordingly. Order accordingly.