Madhya Pradesh High Court
Pavan Kumar Saini vs The State Of Madhya Pradesh on 10 September, 2014
M.Cr.C.8102/14
10.9.2014
Shri Mukesh Kulshrestha, Advocate for the applicant.
Shri M. Bhardwaj, P.P. for the respondent/State.
Case diary is not available.
This is second bail application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail in connection with Crime No.248/14, Police Station Jhansi Road, District Gwalior, offence registered under Sections 419, 420, 467, 468, 471, 120-B of IPC and section 3/4 of the M.P. Examination Act. First application was rejected by this court vide order dated 19.8.14 passed in M.Cr.C. No.5940/14 as the application was withdrawn by the applicant. Subsequently, an application of co-accused-Manoj Kumar filed under section 439 of Cr.P.C. was allowed vide order dated 20.8.14 by coordinate bench of this court passed in M.Cr.C. No.6275/14. However, the learned counsel for the applicant did not inform the court that earlier bail application of this co-accused-Pawan Kumar was rejected by this court on 19.8.14. Suppressing the fact of the order dated 19.8.14, the order dated 20.8.14 was obtained by the applicant/accused-Manoj Kumar from another court whereas the bail application of the said co-accused as per Hon'ble Chief Justice instructions ought to have been placed before this bench for consideration as earlier to this, the bail application of this accused-Pawan Kumar Sani was rejected by this court.
In view of the aforesaid circumstances, the counsel for the applicant/accused Shri Mukesh Kulshrestha who appeared in both the cases is directed to explain why the fact of rejection of earlier order dated 19.8.14 passed in M.Cr.C. No.5940/14 was suppressed by him before the bench headed by Hon'ble Shri Justice D.K. Paliwal while considering the bail application in M.Cr.C. No.6275/14 of co-accused-Manoj Kumar. In this regard explanation be submitted within a week.
List the case on 16.9.2014.
(M.K.Mudgal) Judge.
van