K. J. VAIDYA, J. ( 1 ) PERMITTED to convert this application into Misc. Criminal application. Leave to amend the cause title by adding Karman Rama and Amra hari as party-respondents. 1. Rule. Learned A. P. P. Mr. N. D. Gohil appearing for the respondent-State waives the service of Rule. Having regard to the facts and circumstances of the case, this application is heard and decided today. ( 2 ) THE grievances voiced by Mr. E. E. Saiyed, learned Advocate appearing for the petitioner is that, though the application for the cancellation of bail against the respondents-accused came to be filed by the original complainant, as long back as on 5-5-1995 and yet till today, that is to say for about more than one and half years quite surprisingly the same has not been heard and disposed of. Making good this submission, Mr. Saiyed has invited the attention of this Court to the copy of the Rojkam proceedings annexed to the petition at Annexure "c", from where it is pointed out that the learned Sessions Judge has merrily went on adjourning the case from one date to another, for about more than 37 times ignoring altogether the overall importance and significance of the cancellation of bail. It also further appears that the learned P. P. also has not taken desired interest in assisting the Court in seeing that such applications are heard and decided at the earliest. ( 3 ) NOW the above state of affairs highlighted by Mr. Saiyed indeed clearly indicates - what a relaxed attitude. Presumably and possibly may be because the said application for cancellation of bail came to be filed at the instance of private complainant through learned Advocate appearing for him. But then so what ? thereby cancellation of bail never loses its due importance and urgency in view of the allegations narrated in the application for the same. Presumably and possibly may be because the said application for cancellation of bail came to be filed at the instance of private complainant through learned Advocate appearing for him. But then so what ? thereby cancellation of bail never loses its due importance and urgency in view of the allegations narrated in the application for the same. Further, we all know that many a time for whatever right or wrong reason the State do not challenge the order granting bail or if it challenges it takes a considerable long time and accordingly by the time it is filed before the appropriate Court, much unfortunate things many a time happen where the accused abusing the liberty, while on bail by threats, promise, inducement and even actual assaults and jumping the bail delays the trial, defeats the prosecution, ultimately bringing about the miscarriage of justice. In this view of the matter, merely because an application for cancellation of bail came to be filed by the private party, it is not permissible to take it lightly. In fact, once an application for the cancellation of the bail is entertained by the Court, it should invariably be decided as early as possible, by taking all necessary care-steps by all concerned, namely, the concerned Court, learned P. P. and the process serving agency even if it is filed at the instance of the original complainant or any other aggrieved prosecution witness. Not to hear and decide such important applications in time and sit quietly indefinitely is as good as putting premium on an risking abuse of liberty by accused while on bail to the greatest prejudice in particular of the concerned prosecution witnesses personally and in general to the prosecution case. This short of insensivity and inefficiency is quite hazardous like dullard sitting on the explosive volcano. ( 4 ) IT is further important to note that there are cases and cases wherein if the Investigating Agency on the basis of affidavit if duly satisfies the higher Court that if the impugned order granting bail is not immediately stayed and thereby the prosecution was likely to be seriously prejudiced, then in such exceptional case, the concerned Court would be simply failing in its duty if it does not stay the bail order and/or immediately issue a non-bailable warrant against the accused for his arrest. In fact, in a given case of grave nature, firstly where from material available on record order releasing accused on bail is found to be patently illegal and perverse and/or secondly, further where there is every possibility of accused while on bail likely to abuse or has abused the liberty either by indulging into same or similar offences, threatening, promising or inducing the prosecution witnesses to give evidence against the prosecution, or thirdly where the accused was likely to jump bail, or fourthly, in a given case likely to flee from the country, but for the immediate stay of the bail granted by the subordinate Court or issuing the non-bailable warrants against him, the higher Court can rather it must in overall interest of justice immediately stay the bail order and if that stage has gone then issue non-bailable warrant even at the admission stage. Justice does not mean justice to the accused alone, as the public interest is equally important and entitled to immediate protection, if in a given case, the case is made to issue non-bailable warrant even at the admission stage. ( 5 ) IN bail cancellation application, ordinarily, the Court in the first instance issues notice to the accused making it returnable at the earliest date preferably within 7 days, by directing the police to serve the notice on accused. If despite service of notice accused does not appear before the Court then in that case, it must hear and decide the bail cancellation application in his absence perusing the police papers. Further, in the event of, for whatsoever reasons, if the process is either not served or not returned either served or unserved, then in that case, the Court should not waste any time in issuing notice to the concerned P. I. of the police station and the process serving agency under him calling upon both or either of them to immediately file an affidavit showing cause as to what step has been taken by him/them to serve the notice by passing the order, in the following form :