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2000 DIGILAW 921 (MP)

Kunthi Bai v. State of M. P.

2000-08-29

MAITHLI SHARAN

body2000
Heard. Perused the annexures filed with the petition. This is a petition under Section 439 (2) Cr.P.C. praying for the cancellation of the anticipatory bail granted in favour of the non-applicants No.2 to 19 by the Second Additional Sessions Judge. Dabra Distt. Gwalior on 23.5.2000 in Miscellaneous Criminal Case No. 283/2000. The first application under Section 438 Cr.P.C. filed by the non-applicants No. 2 to 19 was rejected by the Court-below on 18.4.2000 but later on by the impugned order the second bail application filed under Section 438 Cr.P.C. was allowed by the learned Court-below. The allegations and the contentions raised in the second bail application were the same. Looking to both the orders, referred to above. I find that in both the applications the allegations in regard to the civil cases pending between the parties were raised and the relevant cases have been referred in both the orders passed by the learned Court-below. I am surprised how the learned Court-below could come to a different conclusion while deciding the second application under Section 438 Cr.P.C. filed by the non-applicants No.2 to 19. Besides, it is also apparent that the order dt. 23.5.2000 allowing the anticipatory bait application of the non-applicants No.2 to 19 does not mention the limited duration for which it was allowed. In view of the decision of Hon'ble the Apex Court in the case of Salauddin Abdulsamad Shaikh v. State of Maharashtra, reported in 1996 SCC (Cr.) 198, the anticipatory bail application should be allowed for the limited duration, on the expiry of which period it should be left to the regular Court to deal with the matter. Looking to the impugned order I find that no such observation has been made by the learned Court-below. It is positively a lacuna in the impugned order. In view of the above discussion, this petition is allowed and the bail granted to the non-applicants No.2 to 19 by the learned Court-below vide impugned order dt. 23.5.2000. referred to above, is hereby cancelled. It is directed that the non-applicants No.2 to 19 be arrested and committed to custody.