Shekhar Sarathe vs State of M. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 14

IN THE HIGH COURT OF MADHYA PRADESH
Vishal Dhagat, J.
Shekhar Sarathe v. State of M.P.
Miscellaneous Criminal Case No. 63561 of 2021 (G); Decided on 24.1.2022*

Advocates:
R.C. Palliwal for applicant; Ms. Hemlata Kshatriya, Panel Lawyer for respondent/State.

Headnote:
Criminal P.C. 1973 -- Ss. 438, 439 and 439 (2) -- Penal Code, 1860 -- Ss. 354, 354A, 354D, 341 and 506 -- anticipatory bail -- applicant released on bail -- later on,bail cancelled -- applicant under apprehension of arrest -- application for grant of anticipatory bail not maintainable when regular bail has been cancelled -- application dismissed. [Paras 6 to 8]
naM çfØ;k lafgrk] 1973 & èkkjk 438] 439 rFkk 439¼2½ & naM lafgrk] 1860 & èkkjk 354] 354d] 354Ä] 341 rFkk 506 & vfxze tekur & vkosnd tekur ij N¨M+k x;k & ckn esa tekur jn~n & vkosnd dks fxjrkjh dh vk'kadk & fu;fer tekur jn~n dj fn, tkus ij vfxze tekur d¢ fy, vkosnu pykus ;¨X; ugha & vkosnu [kkfjtA ¼iSjk 6 ls 8½

ORDER

1. Applicant has filed this application under section 438 Cr.P.C. for grant of anticipatory bail.

2. Applicant was arrested in connection with Crime No.137/2021 by Police of Police Station Amarwara, District Chhindwara for commission of offence punishable under sections 354, 354A, 354D, 341 and 506 of IPC and was released on bail by order dated 17.2.2021. Later on an application was filed by complainant for cancellation of bail which was entertained by the Court and bail was cancelled.

3. Learned counsel for applicant submitted that Additional Sessions Judge, Amarwara, District Chhindwara vide its order dated 9.12.2021 exercising its power under section 439(2) of CrPC, cancelled the bail granted to applicant. As applicant is under apprehension of his arrest after cancellation of bail, therefore, he has filed this application for grant of anticipatory bail.

4. Application for anticipatory bail can be filed by any person who has reason to believe that he may be arrested on accusation of having committed non-bailable offence. Applicant was enlarged on bail under section 439 CrPC. Thereafter an application was filed for cancellation of bail.

5. Application filed for cancellation of bail is not to be considered on merits of the case but same is to be considered if bail granted to accused has been misused. Court has to consider material evidence brought on record before it and thereafter takes a decision for cancellation of bail. Trial Court had taken a decision for cancellation of bail to applicant on basis of evidence available before it and it was held that he had misused the bail granted to him as he had violated condition No.1, 3 & 4 of bail order dated 17.2.2021.

6. Before regular bail granted to an accused is cancelled, he is given opportunity to rebut the evidence produced before Court and establish that there is no violation of bail order. Decision by Court is not taken on basis of accusation but on basis of materials available before it.

7. Application for grant of anticipatory bail filed by applicant is not maintainable when regular bail granted to accused is cancelled under section 439(2) of CrPC.

8. Anticipatory bail application is dismissed as nonmaintainable.

Click Here to Read the rest of this document