The grounds for cancellation of bail are different from the grounds of bail. A court cannot review its earlier order and reject the bail already granted.

JUDGMENT

Sanjeev Prakash Sharma, J. - The applicant has preferred this application under Section 439(2) Cr.PC seeking cancellation of bail granted to the respondent No.1 Bahadur Singh by this Court vide order dated 29.6.2018 in FIR No.295/2018 registered at Police Station Kotwali, Sawai Madhopur for the offences under Section 147, 148, 325, 341, 307 and 120B IPC.

2. The respondent-Bahadur Singh had applied for grant of anticipatory bail which was granted on 27/06/2018. It was submitted that the incident was wrongly stated in the FIR. There were cross FIRs registered and the injuries did not reflect the case under Section 307 IPC. Injuries were not specifically assigned to the said accused and there was no previous case pending against him. The main accused was Rajesh Mali. Taking into consideration above, the bail was granted.

3. Counsel for the petitioner submits that the respondent accused has grossly misled this Court and has concealed material facts due to which the bail was granted. It is submitted that the accused was the main person who had brutally assaulted Mr. Satish Sharma along with other persons causing fracture of the right hand bone and the injured had to undergo several injuries resulting in supplanting nails and plates. It is stated that there was no cross FIR registered and on the previous day i.e. 03/06/2018 the petitioner had lodged a complaint against the accused-respondent for causing nuisance pugilism in front of his nursing home and consuming liquor in front of nursing home by parking their vehicle. It is stated that the police authorities arrested the accused-respondent under section 60 of the Police Act and also seized his vehicle. Next day, on 04/06/2018 the accused-respondent waylaid the petitioner and his compounder Satish Sharma while they were going for an evening walk and attacked them with the purpose to kill them. The petitioner ran away and saved himself, however, his compounder Satish Sharma could not save himself and was thoroughly beaten up with 'Lathies' and iron rods. Both Bahadur Singh and Rajesh Mali were involved in the incident and Bahadur Singh was the main accused. The bail application of Rajesh Mali had already been rejected by this Court and thus, there was a gross misrepresentation of facts and the bail granted to the accused-respondent, therefore, deserves to be cancelled. It is also stated that the accusedrespondent is also involved in another case under Section 365, 323, 379, 34 IPC registered at Police Station, Nainwa, District Bundi.

4. Per-contra, learned counsel appearing for the accused respondent submits that with regard to the incident of 03/06/2018, the accused had also lodged an FIR which was registered on 04/06/2018 and therefore there were cross FIRs. It is further submitted that there is no overt-act alleged in the FIR against the accused-respondent. It is also stated that the petitioner himself was involved in wrong practise at his nursing home. That apart, counsel raises a preliminary objection of maintainability of the cancellation application and relies on the judgment of the Apex Court in the case of Abdul Basit Alias Raju and others v. Mohd. Abdul Kadir Chaudhary and another: (2014) 10 SCC 754. It is submitted that the grounds for cancellation of bail are different from the grounds of bail and also relies on judgment of the Supreme Court in the case of Aslam Babalal Desai v. State of Maharashtra: AIR 1993 (SC) 1.

5. This Court has asked for the report from the Police and the Police has also supported the case as set up by the petitioner and has submitted that the accused-respondent-Bahadur Singh was the main accused in the case and had been involved in the incident for which FIR was lodged.

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

7. The question, however, is whether this Court would be entitled to cancel the bail granted to the accused on such grounds under Section 439(2) for cancellation of bail granted provided as