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18. In the present case, not only, the Sessions Judge, Bhind has given a complete go by to the above principle of law and without ascertaining the allegations made against the accused Gajendra and the other co-accused persons, who have been granted bail by the High Court, surprisingly observed that there are no specific allegations against the accused Gajendra in the charge-sheet.

19. It is true that the power of grant of bail under Section 439 of CrPC is discretionary, but the said discretion has to be exercised judiciously.

22. When the facts of the present case are considered, then the applicant, co-accused Gajendra and Daplu had not only assaulted the deceased Shaymlal, but they got him admitted in the hospital in the fake name of Nathuram, who had already expired in the year 2013.

The dead body of Shyamlal was received by Omkar and cremation was done somewhere in Gwalior itself without bringing the dead body in the village.

23. Since the allegations made against Gajendra were not considered at all by the Court below and on the contrary, incorrect observation has been made that there is no specific allegation against accused Gajendra in the charge-sheet, this Court is of the considered opinion that it is a fit case where a notice to Gajendra Singh S/o Bheemsen Singh Narwariya, aged about 26 years resident of village Dongarpur, Police Station Gormi, District Bhind be issued to show cause as to why the bail granted to him by order dated 10.08.2021 by the Sessions Judge, Bhind in Bail Application No. 961/2021 be not recalled.

24. Accordingly, issue show cause notice to Gajendra Singh as to why the bail granted to him by order dated 10.08.2021 passed by the 32 THE HIGH COURT OF MADHYA PRADESH Criminal Appeal No.5870/2021 Sikandar Singh Narvariya alias Lalu Vs. State of M.P. and another Sessions Judge, Bhind in Bail Application No. 978/2021 be not recalled.

25. The office is directed to register a case separately under Section 439(2) of CrPC.

26. The notice be served through S.P., Bhind.

29. Before parting with this order, this Court would like to consider the conduct of Shri Axay Kumar Dwivedi, Sessions Judge, Bhind. The illegality which has been committed by the Sessions Judge, Bhind while granting bail to the co-accused Gajendra by order dated 10/8/2021 passed in BA No.978/2021 has already been considered in detail. However, unfortunately it is not the first case where such a blunder mistake has been committed by the Judicial Officer. Earlier Shri Axay Kumar Dwivedi was posted as Chairman, 33 THE HIGH COURT OF MADHYA PRADESH Criminal Appeal No.5870/2021 Sikandar Singh Narvariya alias Lalu Vs. State of M.P. and another STAT, MP, Gwalior. While deciding Appeal No.21/2020 Shri Axay Kumar Dwivedi, the then Chairman STAT, Gwalior had observed in its order dated 8/12/2020 that the judgments of the High Court passed in the cases of Smt. Sunita Jaiswal Vs. State of M.P. and M/s Shri Sher Singh Bus Services and Others Vs. State of M.P. and others passed on 5/3/2019 and 14/09/2020 are not reported judgments and they have not considered the entire facts in its entirety, therefore, had observed as under:-