The court cannot entertain a fresh prayer for relief in the matter of bail cancellation unless the previous order of final disposal has been set aside or modified.

ORDER :

Since all these petitions filed under Section 439(2) of CrPC arise out of the order dated 16.12.2021 passed by this Court in MCRC Nos. 8758/2021, 8879/2021 and 8939/2021, they are being disposed of by this common order. By these petitions, the petitioner is seeking cancellation of bail granted to the respondents/accused by the said order.

2. As per prosecution case, on the date of incident, the respondents/accused along with other co-accused assaulted Dhaneshwar with club and caused injuries. This Court vide order dated 16.12.2021 passed in MCRC Nos. 8758/2021, 8879/2021 and 8939/2021, granted bail to the accused under Section 439 of CrPC.

3. Learned counsel for the petitioner submits that this Court has specifically directed vide order dated 16.12.2021 passed in 8758/2021, 8879/2021 and 8939/2021 that the accused shall not commit any offence otherwise the bail granted to them shall be liable to be cancelled. The respondent/accused gave false information before this Court that the nature of injury is simple whereas according to the charge sheet dated 16.10.2021 and as per the MLC report, the injury is grievous in nature. Thus, the accused persons have mislead the Court by playing blatant fraud with utmost dishonest intention. Copy of MLC report with discharge summary of injured persons has been filed as Annexure P/3. The bail has been granted to the accused with certain conditions but they misused the liberty granted to them and are not complying with the conditions imposed on them. They have committed several defaults and therefore, the bail granted to them is liable to be cancelled.

4. Learned counsel for the State has supported the arguments advanced on behalf of learned counsel for the petitioner.

5. On the other hand, learned counsel for the respondents/accused submits that by order dated 16.12.2021 this Court granted bail to the accused persons after considering the totality of the fact and in particular, detention period of the accused. The respondents/accused are strictly following the conditions of the said bail order. The present petitions have been filed without any substance and therefore, the same are liable to be dismissed.

6. Heard learned counsel for the parties and perused the material available on record.

7. The question which falls for consideration, in order to invoke the jurisdiction of this Court in entertaining the present application under Section 439(2) of the Cr.P.C., is whether the petitioner has prima-facie made out any ground for cancellation of bail under Section 439(2) of the Cr.P.C.. Section 439 Cr.P.C. confers concurrent jurisdiction on the Court of Sessions and the High Court. For read reference, Section 439 Cr.P.C., is reproduced herein-under :-

“439. Special powers of High Court or Court of Session regarding bail.---

(1) A High Court or Court of Session may direct-

(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub section (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section;

(b) that any condition imposed by a Magistrate when releasing a person on bail be set aside or modified: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.

[Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian penal Code (45 of 1860), give notice of the application for bail to the Public Prosecutor within a period of fifteen d