Madhya Pradesh High Court
Smt. Geeta Arora vs The State Of Madhya Pradesh Thr on 7 March, 2018
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.26043/2017
(Smt. Geeta Arora Vs. State of M.P.)
Gwalior, dated : 07.03.2018
Shri Vikas Saxena, Advocate for the petitioner.
Shri Rajesh Pathak, Public Prosecutor for the respondent
no.1/State.
Shri Ashok Kumar Upadhyay, Advocate for the respondent no.2.
The present 2nd petition u/S 439(2) Cr.P.C. seeks cancellation of bail granted to respondent no. 2 by order dated 10.01.2017 passed in M.Cr.C. No. 213/2017.
This is the second visit of the petitioner/complainant to this Court as the earlier petition for cancellation of bail was dismissed by order dated 30.10.2017 in M.Cr.C. No. 18911/2017 on the ground of FIR not having matured into framing of charge by the trial Court.
Learned counsel for the rival parties are heard on the question of admission.
The principal ground raised by the learned counsel for petitioner in support of the prayer for cancellation of bail is that a subsequent offence has been committed bearing Crime No. 482/2017 in regard to which, FIR was lodged on 11.10.2017 against the respondent no.2, inter-alia alleging that respondent no.2 alongwith one other namely Vinod Jha (co-accused in Crime No. 633/2016) abused, assaulted and intimidated Pankaj Arora, the son of petitioner.
It is further brought on record that in support of subsequent offence, not only chargsheet has been filed, but charges have been framed on 28.11.2017 against respondent no.2 for offences punishable u/Ss, 294, 323 or 323/34, , 324 or 324/34 341, and 506(Part II) of IPC and the trial is in progress.
Learned counsel for the respondent no.2 has filed reply and 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.26043/2017 (Smt. Geeta Arora Vs. State of M.P.) submits that respondent no.2 has not breached any of the conditions subject to which bail was granted and also that respondent no.2 has no criminal antecedents. Moreso, it is submitted that both the parties are on inimical terms and therefore the possibility of malicious prosecution cannot be ruled out.
Learned counsel for the petitioner relying upon the judgment of this Court passed in the case of Vikash Raghuvanshi Vs. State of M.P. & Another reported in 2014(1) MPHT 279 and also on the order passed by this Court in the case of Shiv Kumar Vs. State of M.P. in M.Cr.C. No. 13088/2015 seeks cancellation of bail of respondent no.2.
The Apex Court in the case of Abdul Basit alias Raju and Others Vs. Mohd Abdul Kadir Chaudhary and another reported in (2014)10 SCC 754 has defined the para-meters of Sec 439(2) Cr.P.C for cancellation of bail.
The Full Bench decision of the Rajasthan High Court in case of State of Rajasthan Vs. Mubin reported in 2011 Cr.LJ 3850 has further circumscribed the jurisdiction of this Court u/S 439(2) Cr.P.C by holding that the right to seek cancellation of bail based on occurrence of a subsequent offence by the person to whom bail is granted earlier, matures after charges are framed in the said subsequent offence, as it can be held only thereafter that the person bailed out has committed another offence.
In the instant case, respondent no.2 has committed another offence which is of the nature of assaulting and intimidating son of the petitioner who was complainant in Crime No. 633/16 in which respondent no.2 was granted bail and therefore condition No. 3 of refraining from extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.26043/2017 (Smt. Geeta Arora Vs. State of M.P.) Officer,as the case may be stands breached.
Case is made out for cancellation of the bail granted to the respondent no. 2 on 10.01.2017.
Accordingly, this petition u/S 439(2) for cancellation of bail is allowed and bail order dated 10.01.2017 passed in M.Cr.C. No. 213/2017 stands cancelled and withdrawn.
Respondent no.2 be taken into custody for which this order be communicated to the trial Court for compliance.
(Sheel Nagu) Judge sh/-
Digitally signed by SEHAR HASEENDate: 2018.03.09 14:45:55 +05'30'