IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI th ON THE 19 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 47049 of 2023 BETWEEN:-

ROBINKANT @ DEEPAK S/O SRHI SURENDRA UPADHYAY, AGED ABOUT 39 YEARS, OCCUPATION: PRIVATE WORK PICHSAYI 387 GF SHAKTIKAND 3 NER VAN MALLM INDRAPURA SHIVRASUN CITY GAZILABAD (UTTAR PRADESH)

.....APPLICANT (BY SHRI P.S. TOMAR - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THR PS MAKRONIYA SAGAR (MADHYA PRADESH)

2. DR ASHOK SINGHAI S/O LATE SHRI SWAROOP CHAND SINGHAI, AGED ABOUT 63 YEARS, OCCUPATION: EYE SURGEON SINGHAI EYE CARE AND HOMEO HOSPITAL RAJKHEDI MAKRONIYA SAGAR SAGAR (MADHYA PRADESH)

.....RESPONDENTS (SHRI SANJEEV SINGH PARIHAR - PANEL LAWYER FOR THE STATE)

(SHRI YUVRAJ VAIDYA - ADVOCATE FOR RESPONDENT NO.2)

This application coming on for admission this day, the court passed the following:

ORDER

This petition has been filed by the applicant invoking the extraordinary jurisdiction of this Court under Section 482 of Cr.P.C. for recalling the ex-order dated 3.8.2023 passed by this Court in M.Cr.C. No. 20319 of 2023.

2. It is contended by the counsel for the applicant that as the present applicant was being prosecuted in connection with Crime No. 11/2020 Signature Not Verified Signed by: PRADYUMNA registered at Police Station Makroniya, District Sagar for the offence punishable under Section 420 of IPC, he approached this Court by way of filing an application i.e. M.Cr.C. No. 60650 of 2022 for grant of anticipatory bail wherein this Court vide order dated 3.1.2023 (Annexure A-2) granted anticipatory bail to the applicant. Thereafter, respondent No. 2 herein moved an application i.e. M.Cr.C. No. 20319 of 2023 before this Court for cancellation of anticipatory bail granted to the applicant wherein this Court vide impugned order dated 3.8.2023 (Annexure A-1) has allowed the said application and has cancelled the bail order dated 3.1.2023 passed in M.Cr.C. No. 60650 of 2022.

Hence, this petition has been filed.

3. It is contended by the counsel that the order dated 3.8.2023 (Annexure A-1) has been passed in absence of the present applicant as no notice to the applicant was served, which is evident from the opening line of the order, therefore, the present applicant has been punished unheard. In support of the aforesaid contention, the counsel for the applicant has placed reliance on the order dated 11.5.2022 passed by Gwalior Bench of this Court in M.Cr.C. No. 21851 of 2022 (Shivam Sharma Vs. The State of M.P. and another). The counsel has also placed reliance on the decision of the Kerala High Court in Godson Vs. State of Kerala - (2022) 3 Crimes 191. It is, thus contended that the impugned order be recalled.

4. The counsel for the State as well as respondent No. 2 submit that the order dated 3.1.2023 (Annexure A-2) passed in M.Cr.C. No. 60650 of 2022 was a conditional order and the said order having not been complied with, the anticipatory bail was rightly cancelled by this Court vide impugned order. It is further contended that in such an eventuality, the application for recalling, being Signature Not Verified Signed by: PRADYUMNA not maintainable, deserves to be dismissed. It is also submitted that in the present case, the applicant did not approach the Court with clean hands, inasmuch as, the present applicant always given his incorrect address before the Court as he mentioned his address as Indirapura, Shivarasuncity, Gajiabad whereas there is no Indirapura or Shivarasuncity in Gajiabad. On the contrary there is a colony called Indirapuram and also there is housing blocks, which is known as Shipra Sun City, therefore, the petitioner with an oblique motive has mentioned his incorrect address and made all efforts so that notice could not be served upon him. Therefore, the present petition deserves to be dismissed.

5. No other point is argued or pressed by the counsel for the parties.

6. Heard the submissions advanced on behalf of the parties and perused the material ava