Victim X vs Jitendra Verma
2021 Latest Caselaw 8863 MP

                                                                       1                            MCRC-53619-2021
                                             The High Court Of Madhya Pradesh
                                                     MCRC No. 53619 of 2021
                                                          (VICTIM X Vs JITENDRA VERMA AND OTHERS)


                                     Jabalpur, Dated : 15-12-2021
                                           Shri Jitendra Kumar Dixit, learned counsel for the applicant.

                                           None for respondent no.1.

Shri Prateek Jain, learned Panel Lawyer for respondent no. 2/State. Heard learned counsel for the parties.

This is an application under section 439 (2) of Cr.P.C. for cancellation

of bail granted to the respondent no.1 by this Court in M.Cr.C. No. 35815/2021 vide order dated 10/08/2021.

Learned counsel for the applicant submitted that respondent no.1 was granted bail on the basis of the affidavit to the effect that he would perform the marriage with the applicant but till date he has not performed the marriage. He has also filed a written complaint to the National Woman Commission Delhi, Bhopal, Chhatarpur etc. On the other hand, learned counsel for respondent no.2 submitted that events/violations of conditions subsequent to grant of bail are only to be

looked into while considering the application for cancellation of bail. In support of his contention, he has placed reliance on decision of the Apex Court in the case of Abdul Basit Vs. Abdul Kadir Choudhary ((2014)10 SCC 754) wherein the Apex Court has held that the High Court could not have entertained the said petition and cancelled bail on the ground of it being perverse in law. It is settled law that judgment and order granting bail cannot be reviewed by Court passing such judgment and order in absence of any express provision in Code for same. Since, no express provision for review of order granting bail exists under Code, High Court becomes functus officio and Section 362 of the Code applies barring review of judgment and order of Court granting bail to accused.

Having heard learned counsel for the parties, in absence of any allegation with regard to violation of bail conditions, this Court does not find Signature Not Verified SAN

Digitally signed by NAVEEN NAGDEVE Date: 2021.12.17 12:33:36 IST 2 MCRC-53619-2021 it a fit case to be entertained.

The application sans merit and is, accordingly, dismissed.

(S. A. DHARMADHIKARI) JUDGE

navin

Signature Not Verified SAN

Digitally signed by NAVEEN NAGDEVE Date: 2021.12.17 12:33:36 IST