ORDER

The applicant/State has filed this application under Section 439(2) of Cr.P.C. for cancellation of bail granted to respondent vide order dated 16.6.2023 passed in M.Cr.C. No. 22938/2023. 2 Learned counsel for applicant submits that respondent is a habitual offender, he has nine criminal cases registered against him. After releasing on bail he has committed another offence vide crime No. 434/2024 under section 49 A of MP Excise Act at police station Azad Nagar Indore. Therefore, respondent has violated the terms and conditions of the bail bond and therefore, his bail be cancelled and he be taken into custody.

3 Despite service of notice, nobody appeared on behalf of respondent.

4 Heard learned counsel for State and perused the documents.

5 Considering the facts and circumstances of the case and also the fact that respondent was enlarged on bail vide order dated 16.6.2023 but thereafter another offence under section 49A of Excise Act has been registered aganist him, already nine criminal cases have been found against him, he is a habitual offender and accordingly he has violated the terms and conditions of bail bond.

6 Hence this application filed by applicant/State under section 439(2) of Cr.P.C. is hereby allowed and bail granted to respondent vide order dated 16.6.2023 passed in M.Cr.C. No. 22938/2023 is hereby cancelled. The respondent is directed to surrender before the trial court immediately.

(ANIL VERMA) JUDGE BDJ