Non-compliance with bail conditions justified cancellation of bail.

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 to get the disputed sale - deed cancelled with the assurance that he will not interfere in the peaceful possession of the applicant. It is submitted that on that consideration a Coordinate Bench of this Court in M.Cr.C. No.28244/2017, vide order dated 07.02.2018 has allowed the bail application of the respondent no.2 and granted him conditional bail by order dated 07.02.2018 with the following direction: -
"Considering the submissions made by counsel for the application and without commenting on the merits of the case, the application is allowed. It is directed that subject to execution of the deed of cancellation of the sale - deed executed in favour of the applicant, he shall be released on bail on furnishing bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Trial Court / Committal Court to High Court of Madhya Pradesh appear before the Court on the dates given by the concerned Court. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective."

3. Learned counsel for the applicant has submitted that after releasing on bail, respondent no.2 has neither proceeded for cancellation of the sale - deed nor has executed any sale - deed in her favour. It is submitted that the respondent no.2 has not fulfilled the condition mentioned in the order dated 07.02.2018. In view of the aforesaid, prayer has been made to cancel the bail granted to the respondent no.2 vide order dated 07.02.2018.

4. Learned Government Advocate for the respondent no.1 / State has submitted that the respondent no.2 has not complied with the direction issued in the bail order dated 07.02.2018 (M.Cr.C. No.28244/2017) and prays that bail granted to respondent no.2 may be cancelled.

5. Learned Senior counsel for the respondent no.2 has submitted that in the light of the order of the Coordinate Bench of this Court, dated 07.02.2018, in M.Cr.C. No.28244/2017 the respondent no.2 has been released on conditional bail and in compliance of the direction, he himself gave no objection in mutating the name of the applicant in the revenue records. The respondent no.2 has not violated the terms and conditions of the order of this Court. The allegation made by the applicant due to previous enmity accordingly, the same is patently false and frivolous. No violation of the direction of the Court has been committed by him. The respondent no.2 has already been granted bail, he has never misused the liberty granted to him. In view of the aforesaid, it is prayed that the application filed by the applicant under S.439 (2) of Cr.P.C. for cancellation of bail is malafide and deserves to be dismissed.

6. Having heard the learned counsel for the parties and perused the record.

7. As far as the r