PK TIWARI (PREM KISHORE TIWARI) vs ANAND KUMAR MISHRA - 2024-01-05

O R D E R

1. Leave granted .

2. The appellant has approached this Court being aggrieve d by the order dated 05.09.2023 passed by the learned Singl e Judge of the High Court of Madhya Pradesh at Jabalpur , thereby allowing the petition filed by Respondent No. 1 herein and setting aside the order dated 31.03.2023 passe d by the learned Sessions Judge, Jabalpur, granting bail t o the appellant .

3. We have heard learned counsel for the parties .

4. Learned counsel appearing for the respondent/State whil e supporting the impugned order submits that the High Cour t has rightly cancelled the bail, inasmuch as the amoun t embezzled was huge .

5. The parameters that are required to be considered fo r grant of bail are different than the ones which are require d to be taken into consideration for cancellation of bail .

6. Unless the accused, who has been granted bail, is foun d to have misused his/her liberty, tampered with the evidenc e or influenced the witnesses or violated any of th e conditions on which bail was granted, it will not b e appropriate for the higher Court to interfere with th e discretion exercised in respect of liberty of a citize n unless such discretion is found to be exercised i n perversity .

7. In the present case, the chargesheet has already bee n filed and the matter is kept for framing of charges tomorro w i.e. on 06.01.2024. As such we do not find that the Hig h Court was justified in interfering with the well reasone d discretion exercised by the learned Trial Judge in grantin g bail to the petitioner .

8. The impugned order is therefore quashed and set asid e and the appeal is allowed .

9. Pending application(s), if any, shall stand disposed of .

.............................. J ( B.R. GAVAI )

.............................. J ( SANDEEP MEHTA )

NEW DELHI ;

JANUARY 05, 202 4 ITEM NO.19 COURT NO.3 SECTION II- A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDING S Petition(s) for Special Leave to Appeal (Crl.) No(s). 12430/202 3 (Arising out of impugned final judgment and order dated 05-09-202 3 in MCRC No. 27252/2023 passed by the High Court of M.P. Principa l Seat at Jabalpur )

PK TIWARI (PREM KISHORE TIWARI) Petitioner(s )

VERSU S ANAND KUMAR MISHRA & ANR. Respondent(s )

(IA No. 198865/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNE D JUDGMENT, IA No. 198862/2023 - EXEMPTION FROM FILING O.T. )

Date : 05-01-2024 This matter was called on for hearing today .

CORAM :

HON'BLE MR. JUSTICE B.R. GAVA I HON'BLE MR. JUSTICE SANDEEP MEHT A For Petitioner(s) Mr. Anoop George Chaudhari, Sr. Adv .

Mr. Varinder Kumar Sharma, AO R Mrs. June Chaudhari, Sr. Adv .

Mr. Ranjeet Yadav, Adv .

For Respondent(s) Mr. M.T. George, Adv .

Mr. T.G. Narayanan Nair, AO R Ms. Swathi H. Prasad, Adv .

Ms. Mrinal Gopal Elker, AO R Mr. Divyansh Singh, Adv .

UPON hearing the counsel the Court made the followin g

O R D E R

1. Leave granted .

2. The appeal is allowed, in terms of the signed order .

(NARENDRA PRASAD) (BEENA JOLLY )

ASTT. REGISTRAR-cum-PS COURT MASTER (NSH )

(Signed order is placed on the file )