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2023 Supreme(SC) 961

D. Y. CHANDRACHUD, J. B. PARDIWALA
Totaram – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Mrs. Rekha Pandey, Advocate, Mr. Raghav Pandey, Advocate, Mrs. Gauri Pandey, Advocate, Mr. Suyash Mohan Guru, Advocate and Mr. Nitin Agarwal, Advocate, for the Appellant; Ms. Anuradha Mutatkar, Advocate, Mr. Tarun Kumar Thakur, Advocate, Mr. Bharat Singh, A.A.G. Mr. Sunny Choudhary, Advocate and Mr. Harmeet Singh Ruprah, Advocate, for the Respondent

ORDER

1. Leave granted.

2. By the impugned order dated 2 December 2022, a Single Judge of the High Court of Madhya Pradesh cancelled the bail which was granted to the appellant. The High Court observed that the Trial Court had granted bail to the appellant without taking into account an earlier order of the High Court dated 21 July 2022 rejecting bail. The High Court observed that the mere fact that the charge-sheet had been filed could not be considered as a change in circumstances. The police was directed to arrest the appellant immediately. The High Court has also directed the Registrar General to issue a notice to show cause to the Second Additional Sessions Judge, Harda to seek his explanation on the circumstances in which he had granted bail to the appellant.

3. The appellant and the complainant are closely related.

4. On 19 June 2022, FIR No 354 was registered against the appellant at Police Station Harda, District Harda. The FIR implicates alleged offences under Sections 294, 323, 342, 354 and 506 read with Section 34 of the Indian Penal Code 1860.

5. The allegation in the FIR is that on 19 June 2022 when the complainant was going to tend his cows and oxen, the appellant and oth

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