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(iii) Provision of security was made for the ASJ Hata; and

(iv) An enquiry into the allegations levelled by the ASJ against the SP in his order dated 8 February 2021 was entrusted to the Additional Director General of Police (“ADGP”), STF, Police headquarters, Bhopal.

15 Finding the explanation provided by the DGP for the failure of the police to arrest the second respondent to be unacceptable, this Court in its order dated 26 March 2021 observed:

“2 We find the affidavit of the Director General of Police to be completely unacceptable. It defies reason as to how an  accused who is the spouse of a sitting Member of the Legislative Assembly has not been arrested despite being arraigned in pursuance of the provisions of Section 319 of the Code of Criminal Procedure 1973 to face trial for an offence under Section 302 of the Indian Penal Code 1860. An effort is being made to shield the accused from the due process of criminal law. The Court was informed that earlier, the accused was even given security by the police though it is stated by Counsel for the State that it is now withdrawn.”

16 Accordingly, the DGP was directed to ensure that the previous order of this Court dated 12 March 2021 is complied with, failing which this Court would be constrained to take coercive steps in accordance with law. At that stage, this Court was also apprised by counsel for the appellant that though the second respondent had been summoned under Section 319 of the CrPC to face trial for an offence punishable under Section 302, he continued to abscond. On the other hand, security had been provided to him by the State of Madhya Pradesh. Accordingly, a further affidavit was directed to be filed by the DGP stating:

(iv) Thereafter, a final order for grant of security was passed on 7 October 2020; and

(v) The ASP by an order dated 10 January 2021 directed the removal of the security provided to the second respondent on the issuance of a warrant of arrest by the ASJ on 8 January 2021.

19 Mr Varun Thakur, learned counsel appearing on behalf of the appellant has, during the course of his submissions, outlined the basis on which cancellation of bail granted pursuant to the order suspending sentence is sought. Learned counsel urged that the second respondent has been implicated in a serious offence punishable under section 302 of the Penal Code after he was enlarged on bail. It has been urged that the sequence of events indicates that despite the order under Section 319 of the CrPC, the second respondent evaded the due course of law despite a warrant against him and a proclamation. It has been submitted that the investigating authorities were complicit in this and continued to protect the second respondent whose spouse is an MLA. Despite the order of this court, the DGP reported initially that the second respondent could not be apprehended. The state had provided security to him despite the conviction of an offence under Section 302. The order of the ASJ is a clear indicator of the police attempting to pressurize the trial judge. Hence a cancellation of bail is warranted. 20 These submissions have been contested on behalf of the State and its authorities by Mr Saurabh Mishra, learned Additional Advocate General. Mr Mishra submitted that the following sequence of events may be borne in mind:

(xii) The provision of security to the second respondent by the State government at the behest of his spouse who is an MLA despite a prior conviction under Section 302 of the IPC.

38 The High Court mis-applied itself to the legal principles which must govern such a case. The serious error by the High Court in its impugned order can be considered from two perspectives. First, the High Court by simply disposing of the IAs seeking cancellation of bail ignored material considerations which ought to have weighed in the decision. Some of the events which we have narrated above have undoubtedly transpired after the order of the High Court. However, taking the position as it stood when the High Court considered the issue, a clear case for cancellation of bail was established. The second aspect which is also of significance is the impact of the order of the High Court. The High Court was apprised of the fact that FIR No 143 of 2019 had been lodged against the second respondent. The investigation into the FIR had to proceed according to law. Instead, the High Court gave a period of ninety days to the police to enquire into the complaint of the second respondent that he was being targeted and allowed the police to thereafter proceed in accordance with law. This order had the effect of obstructing a fair investigation into the FIR at the behest of the accused despite the nature and gravity of the allegations against him. The events which have transpired since go to emphasize the fact that the High Court was in grievous error in passing its directions which were misused to defeat the investigation. The police submitted a closure report absolving the second respondent. Thereafter, despite the order under section 319, the second respondent evaded arrested in contravention of the warrant of arrest which was issued by the ASJ. The facts which have been narrated in the earlier part of this judgment indicate that the police have been complicit in shielding the second respondent. The criminal antecedents of the second respondent and the prior conviction on a charge of murder have been adverted to earlier. The second respondent, whose spouse is an MLA was provided security by the State. The DGP was sanguine in informing this court that the second respondent could not be arrested despite the directions issued by this Court. It was only after this Court issued a peremptory direction indicating recourse to the coercive arm of law that the second respondent was arrested, ostensibly from a bus-stand. The material on the record indicates that an effort has been made to shield the accused from the administration of criminal justice. The apprehensions expressed by the ASJ in his order dated 8 February 2021 of the machinations of a highly influential accused evading the process of law are amply borne out by the facts which have been revealed before this Court. There is no reasonable basis to doubt the anguish and concern of a judicial officer. That the state did not oppose the application under section 319 is a feeble attempt to justify the inaction of the police. Unfortunately, the High Court failed in its duty to ensure that the sanctity of the criminal justice process is preserved. This court has had to step in to ensure that the rule of law is preserved.