ORDER

1. By the impugned order dated 2 December 2022, the Single Judge of the High Court of Madhya Pradesh has cancelled the bail which was granted by the trial court on 16 August 2022 to the petitioner. The charge-sheet in respect of alleged offences punishable under Sections 294, 323, 342, 354 and 506 read with Section 34 of the Indian Penal Code 1860 has been filed on 5 August 2022. Though the application for bail was rejected earlier on 21 July 2022, the trial court granted bail noting that:

(i). The offence is not punishable with life imprisonment or death; and

(ii). The other accused have been granted bail.

2. The High Court, while setting aside the order of the trial court, directed the issuance of a notice to the trial court seeking an explanation in regard to the order granting bail.

3. We are, prima facie, of the view that this is an eminently fit and proper case for the grant of bail even at this stage. Moreover, there was, prima facie, no justification for the High Court to call for an explanation from the trial judge for having granted bail. Such orders of the High Court seriously affect the independence of the district judiciary in considering applications for bail in appr