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2021 Supreme(Online)(MP) 8582

MADHYA PRADESH HIGH COURT
Mohd. Fahim Anwar, J.
Kiran Upadhyay – Appellant
Versus
Rohit Pawar – Respondent


Table of Content
1. application under s.439(2) for bail cancellation. (Para 1 , 2 , 3)
2. arguments concerning compliance of bail conditions. (Para 4 , 5)
3. court reviewing compliance with the bail order. (Para 6 , 7 , 8 , 10)
4. previous civil suit verdict regarding fraudulent sale. (Para 9)
5. final ruling to cancel bail. (Para 11 , 12)

1. Heard. Case diary perused.

2. This application under S.439 (2) of the Code of Criminal Procedure has been filed by the applicant for cancellation of conditional bail granted to the respondent no.2 vide order dated 07.02.2018, in M.Cr.C. No.28244/2017. 02. The facts of the case in brief are that, the respondent no.2 by playing fraud has grabbed the land of applicant. On the basis of FIR lodged by the applicant, a Crime No.547/2017 at Police Station Dehat, District Hoshangabad for the offene punishable under S.420, S.423, S.467, S.468, S.471 and S.120 - B of the Indian Penal Code has been registered against the respondent no.2. The respondent no.2 has filed an application under S.439 of Cr.P.C. for bail with the pleading that he is innocent and has not framed any conspiracy against the applicant and to show his bonafides he had given the undertaking











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