Madhya Pradesh High Court
Smt. Geeta Arora vs The State Of Madhya Pradesh Thr on 30 October, 2017
1
M.Cr.C.No.18911/2017
(Smt Geeta Arora Vs. State of M.P. & Another)
30.10.2017
Shri Vikas Saxena, Advocate for the petitioner.
Shri G.S. Chauhan, Public Prosecutor for the respondent
no.1/State.
Bail granted to the respondent no. 2 vide order dated 10.01.2017 in M.Cr.C. No. 213/2017 is sought to be recalled and cancelled by way of present petition filed u/S 439(2) Cr.P.C. by the complainant on the ground of registration of subsequent offence bearing Crime No. 482/2017 against the respondent no. 2 Vijay Kumar arising out of an incident dated 17.11.2014 vide FIR (Annexure A-3).
On a query made to the learned counsel for the petitioner, it has come to light that the said subsequent offences registered vide the said FIR (Annexure A-3) have not yet matured into framing of charge by the trial Court and therefore in view of law laid down by the Division Bench decision of Rajasthan High Court in case of State of Rajasthan Vs. Mubin reported in 2011 Cr.LJ 3850, the cause of action to seek cancellation of bail solely on the ground of registration of subsequent offences against the petitioner has not matured and is thus not available to the petitioner to be successfully raised for seeking cancellation of bail granted to the respondent no.2.
Accordingly, for the time being in the absence of cause of action available to the petitioner, the present petition stands dismissed premature with liberty to come again in case charges in the subsequent offences are framed.
(Sheel Nagu) Judge sh/-