IMPORTANT POINTS
(1) Cancellation of bail – Under normal circumstances, application for cancellation of bail filed on merits as opposed to violation of conditions of bail order should be placed before same Single Judge who had granted bail to accused.
(2) Bail – Considerations for grant of bail and cancellation thereof are entirely different.

ORDER

1. Leave granted.

2. The instant appeals are directed against the orders of even date, i.e. 12th December, 2023 passed by the learned Single Judge of High Court of Madhya Pradesh Bench at Gwalior in Miscellaneous Criminal Case Nos. 43154 of 2023 and 43149 of 2023, whereby the bail granted to the appellants was cancelled on applications filed by the State under Section 439(2) of Code of Criminal Procedure, 1973 (hereinafter being referred to as ‘Cr.P.C.’).

3. The appellants herein were arrested in connection with the FIR being Crime No. 21/2022 registered at P.S. Dinara District, Shivpuri for offences punishable under Sections 419, 420, 467, 468, 470 and 471 of the Indian Penal Code, 1960 (hereinafter being referred to as ‘IPC’) and Section 25/27 of the Arms Act.

4. Learned Single Judge sitting at Gwalior Bench of High Court of Madhya Pradesh accepted the bail applications being Miscellaneous Criminal Case Nos. 42299/2022 and 44360/2022 preferred by the appellants under Section 439 Cr.P.C. vide orders dated 8th September, 2022 and 14th November, 2022.

5. It may be stated here that the appellants herein were not apprehended at the time of registration of the FIR and were not named therein. They were implicated in the case solely on the basis of confessional statements made by the co-accused persons. Chargesheet had been filed by the time the appellants were granted bail by the learned Single Judge vide order dated 8th September, 2022 and 14th September, 2022.

6. The State preferred applications under Section 439(2) Cr.P.C. seeking cancellation of regular bail granted to the appellants herein.

7. Surprisingly, the applications for cancellation of bail came to be listed before learned Single Judge of the Gwalior Bench of High Court of Madhya Pradesh(other than the learned Single Judge who had granted bail who had granted bail to the accused) who accepted the same vide impugned orders of the same date, i.e. 12th December, 2023 adverting to the merits of the case and by observing that the independent role of the accused may vary but collectively their role appears to be challenging and has wider ramifications in respect of national security and cyber crime. The Aadhar cards and some copies recovered from the accused could be used in NDPS offences, terrorism related activities, cyber frauds, kidnapping, ransom purposes and for offences of grievous denominations.

8. Accordingly, the learned Single Judge after referring to the judgment rendered by this Court in the case of Abdul Basit @ Raju and Others vs. Mohd. Abdul Kadir Chaudhary and Another, (2014) 10 SCC 754 cancelled the bail granted to the appellants by a coordinate Single Bench of the Gwalior Bench of the Madhya Pradesh High Court, in the following manner:

“7. Police is required to investigate thoroughly and therefore, when they intend to further investigate the case, those accused are required to cooperate in this regard. Therefore, in the considered opinion of this Court, bail application is required to be recalled and present accused is required to go in custody again.

8. So far as judgment relied upon by the petitioner is concerned in the judgment of Abdul Basit (supra) itself if new adverse facts come to the knowledge of the Court, then Court can certainly look into it for cancellation of bail. Here facts which brought to the notice of this Court are such glaring in nature that Court finds it a suitable case for cancellation of bail. Two accused persons are still absconding, this is the one aspect which is also noted by the Court.

9. In the cumulative analysis, application for cancellation of bail preferred by the State Government is hereby allowed and respondent/accused is directed to surrender before the trial court immediately within fifteen days from the date of passing of this order. In case, respondent/accused did not surrender before himself before the trial Court then trial Court is free to secure his presence in accordance with law.”

9. The accused are in appeal agains