IMPORTANT POINT
Law relating to cancellation of bail discussed.

JUDGMENT

Dipak Misra, J.

Leave granted.

2. This appeal, by special leave, is directed against the order dated 16.8.2013 passed by the High Court of Madhya Pradesh, Bench at Gwalior, in M.Cr.C. No. 3370 of 2013 whereby the learned single Judge has cancelled the order of bail granted by learned first Additional Sessions Judge, Guna vide order dated 6.2.2013 to the appellant.

3. The facts giving rise to the present appeal are that on 14.8.2012 an FIR bearing No. 376/2012 was registered at Police Station, Kotwali, Guna, for offences punishable under Sections 307, 147, 148, 149, 120B read with Section 34 of the Indian Penal Code (IPC) and Sections 25 and 27 of the Arms Act alleging that the appellant along with one Abhishek Hada and two unknown persons had come to the market place where an altercation ensued between them and the informant and others. It was alleged in the FIR that two of these four persons were carrying weapons and they fired at the informant, respondent No. 3 herein, and one Dilip Singh. After the injured succumbed to the injuries, Section 302 IPC was added. The appellant apprehending arrest filed an application under Section 438 of the Code of Criminal Procedure (CrPC) before the first Additional Sessions Judge, Guna, who vide order dated 14.9.2012 rejected the same. Being unsuccessful in obtaining an anticipatory bail the appellant filed M.Cr.C. No. 8023 of 2012 which was dismissed as withdrawn.

4. As the facts would further uncertain, after a gap of sometime the appellant preferred the second application for grant of anticipatory bail and the learned single Judge in M.Cr.C. No. 701 of 2013, by order dated 1.2.2013, took note of the fact that the petitioner therein was an accused in crime No. 376/12 registered for commission of offences punishable under Sections 307, 302/34, 147, 148, 149, 120-B IPC and Sections 25 and 27 of the Arms Act and the submissions canvassed on behalf of the learned counsel for the accused and the learned counsel for the prosecution and ultimately directed as follows:-

“Considering the nature of the allegation and the evidence collected in the case-diary, the petition is disposed of with a short direction that the petitioner shall surrender before the Competent Court and shall apply for regular bail and the same shall be considered upon furnishing necessary bail bond.”

5. After the said order came to be passed, the appellant moved two applications, one under Section 44(2) and the other under Section 439 CrPC before the learned Sessions Judge, Guna, who transferred the applications to the learned Additional Sessions Judge for consideration. The learned Additional Sessions Judge, Guna, admitted the appellant to bail on imposition of certain conditions. We shall refer to the said order in detail when we deal with the legal propriety of the same and the cancellation of the same by the High Court by the impugned order.

6. At this juncture, it is apposite to note that the wife of the deceased filed S.L.P. (Crl.) No. 2055 of 2013 assailing the order dated 1.2.2013 passed by the learned single Judge in M.Cr.C. No. 701 of 2013. This Court allowed the application for permission to file the special leave and thereafter observed as follows:-

“Although, we are of the view that this special leave petition has no substance, since the order under challenge merely directed the respondent-accused to surrender and pray for regular bail.”

7. Be it noted, in the said order taking note of the grievance that the wife and children of the deceased were threatened by the accused this Court granted liberty to apply to the Superintendent of Police, Guna, M.P. and also the Station House Officer of Police Station Kotwali, Guna and a direction was issued that if such application would be made, the said authorities shall look into the matter with all seriousness and take appropriate steps for the safety of the wife and the children. This Court also took note of the fact that an application for modification of the order was pend