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CASE NO.: Appeal (crl.)  335 of 2008

PETITIONER: KALIRAM & ORS.

RESPONDENT: STATE OF M.P. & ANR.

DATE OF JUDGMENT: 18/02/2008

BENCH: P.P. Naolekar & Lokeshwar Singh Panta

JUDGMENT: JUDGMENT

O R D E R (ARISING OUT OF SLP (CRIMINAL) NO.4672 OF 2007)

       Leave granted.         Heard learned counsel for the parties.         In the facts and circumstances of the case, the High Court was not right in  cancelling the bail in a Miscellaneous Criminal Case filed by some other accused  persons particularly so when the State has neither moved an application for  cancellation of the bail of the accused-appellants before the Sessions Court nor has  preferred revision before the High Court for cancellation of the same.  This Court  has held in Raghubir Singh and Others vs. State of Bihar, (1986) 4 SCC 481 that bail  can be cancelled where the accused (i) 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 investigation agency, (vii) attempts to  place himself beyond the reach of the sureties, etc.          For the aforesaid reasons, we set aside the impugned order of the High Court  whereby the bail of the accused-appellants has been cancelled. The accused- appellants shall be released on bail  on their furnishing personal bonds in the sum of  Rs.25,000/- each with one surety of the like amount to the satisfaction of the Sessions  Court.  We, however, make it clear that it will be open for the State to move an  appropriate application before the Sessions Court for cancellation of the bail granted  to the accused-appellants which shall be considered on its own merits.          The appeal stands disposed of accordingly.