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Madhya Pradesh High Court · body

2015 DIGILAW 58 (MP)

Kaanta Bai v. State of M. P.

2015-01-14

SHEEL NAGU

body2015
ORDER 1. This petition under section 439 (2) CrPC seeking cancellation of bail granted to respondent No.2 Pinku and respondent No.3 Sunil Singh by order dated 23.6.2014 in MCrC No.3866/2014 has been filed on the ground that the said respondents No.2 and 3 have breached the condition of their bail order and have misused the liberty granted to them because of offence punishable under sections 323, 294/506-B have been registered against them as Crime No.261/14. 2. Learned counsel for the rival parties are heard. 3. Despite grant of various opportunities to respondents No.2 and 3 they have not filed any reply and ready and willing to argue this matter orally. Accordingly they are heard. 4. It is not undisputed that after the grant of bail to respondents No.2 and 3 on 23. 6. 2014 the respondent No.2 Pinku alias Gyan Singh has been made an accused in Crime No.261/14 alleging offence punishable under sections 323, 294/506B whereby the allegation of using abusive words criminal intimidation of death and causing minor injuries has been alleged against the said respondent No.1 Pinku alias Gyan Singh by the victim Mishri Lal Sharma who is prosecution witness in Crime No.76/2014 in which respondent No.2 Pinku was granted bail by this Court on 23.6. 2014 in M.Cr.C. No.368/14. Moreover after registration of Crime No.261/2014 on on 31.8. 2014 against Pinku chargesheet has been filed which is undisputed fact. Thus it is evident that respondent No. 2 Pinku has misused the liberty of bail granted by this Court on 23.6. 2014. Pinku having threatened and cause minor injury to one of the prosecution witnesses Mishri Lal. Thus Pinku has rendered himself liable for cancellation of bail. 5. So far as respondent No.3 Suneel Singh is concerned there is no allegation of having misused the liberty of bail granted to him by order dated 23.6. 2014 or having breached any of the conditions and, therefore this petition so far as it relates to respondent No. 3 Suneel Singh deserves to be rejected. 6. In view of the above, this petition filed under section 439 (2) CrPC is partly allowed to the following extent :- 1. The bail granted by this Court on 23.6. 2014 in MCrC No.3866/2014 to Pinku alias Gyan Singh s/o Veerendara Singh is hereby cancelled. 2. 6. In view of the above, this petition filed under section 439 (2) CrPC is partly allowed to the following extent :- 1. The bail granted by this Court on 23.6. 2014 in MCrC No.3866/2014 to Pinku alias Gyan Singh s/o Veerendara Singh is hereby cancelled. 2. Present application under section 439 (2) CrPC so far as it relates to respondent No.2 Suneel Singh stands rejected. Anand Bharadwaj for petitioner; Praveen Newaskar for respondent/State; P. S. Bhadoriya for respondents No.2 and 3.