ORDER

1. The present application is filed by the applicant under section 483(3) of BNSS, 2023. for cancellation of bail granted to the respondent No.1 vide order dated 28.5.2024, passed in MCRC No.20250/2024.

2. Learned counsel for the applicant submitted that the petition of respondent was allowed vide order dated 28.5.2024, but the respondent no.1 is trying to threat the complainant. In this case, a complaint has been filed in the police station Annapurna, Indore addressed to Police Station Tilak Nagar, Indore. It is also submitted that while getting the bail by respondent No.1 from this Court, certain facts have not been placed and the bail has not been acquired by clean hands. Hence, the bail order is liable to be cancelled.

3. On the other hand, learned Senior counsel for respondent no.1 has submitted that since there is no supervening circumstances arises in the present case, the bail order passed by this Court cannot be cancelled. So far as the wrong facts on which the bail has been acquired by the applicant are concerned, this Hon'ble Court has passed the bail order after considering each and every aspect of the case and the order of this Court cannot be reviewed by itself. So far as the complaint regarding threat is concerned, learned Senior counsel has submitted that the application is addressed to police Station Tilak Nagar, Indore and alleged to be submitted before Annapurna Police Station, but as per the RTI information, no complaint has been received by Annapurna Police Station. Therefore, the submissions of counsel for applicant are not considerable. In support of his contentions, learned Senior counsel for the applicant has placed reliance over the Judgment passed in the case of Dolat Ram and Others v. State of Haryana (1995) 1 SCC 349.

4. In reply, counsel for the applicant submits that the application on which the applicant is relying on is already annexed with the Charge-sheet as Annexure A/2. However, he has fairly submitted that no FIR has been registered on the said complaint. In support of his contention, counsel for the applicant has relied upon the judgment of Hon'ble apex Court passed in the case of Deepak Yadav v. State of Uttar Pradesh and Another reported in (2022) 8 SCC 559.

5. I have heard the counsel for the parties and perused the record.

6. It is well established that the power of cancellation of bail should be used in rarest of rare cases. There should be some specific grounds to cancel the bail application earlier passed by this Court. Counsel for the applicant is unable to point out any supervening circumstances against the respondent by which the bail can be cancelled.

7. So far as the contention of applicant regarding misleading of facts before this Court and other wrong pleas are concerned, this Court has no power to review its own order. On this aspect, the law endorsed by Hon'ble apex Court rendered in the case of Abdul Basit v. Abdul Kadir Chouhdary (2014) 10 SCC 754 is condign to quote here as under:

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“24. This Court in paragraph 30 of its decision in Central Bureau of Investigation v. V. Vijay Sai Reddy, (2013) 7 SCC 452 has cautioned that “36..cancellation of bail necessarily involves the review of a decision already made, it should always be exercised very sparingly by the Court of law.

25. It is a well settled proposition of law what cannot be done directly, cannot be done indirectly. While exercising a statutory power a Court is bound to act within the four corners of the Statute. The statutory exercise of the power stands on a different pedestal than the power of judicial review vested in a Court. The same has been upheld by this Court in Bay Berry Apartments (P) Ltd. and Anr. v. Shobha and Ors., (2006) 13 SCC 737, U.P. State Brassware Corporation Ltd. and Anr. v. Uday Narain Pandey, (2006) 1 SCC 479 and Rashmi Rekha Thatoi and Anr. v. State of Orissa and Ors., (2012) 5 SCC 690. It is the duty of the superior Courts to follow the command of the statutory provisions and be guided b