Smt. Deepti Dassani @ Raksha ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 8003 MP

                                                                     1                           MCRC-26102-2018
                                           The High Court Of Madhya Pradesh
                                                   MCRC No. 26102 of 2018
                                    (SMT. DEEPTI DASSANI @ RAKSHA MEGHANI AND OTHERS Vs THE STATE OF MADHYA PRADESH
                                                                      AND OTHERS)


                                   Jabalpur, Dated : 30-11-2021
                                         None for the applicants even in the second round.

                                         Shri S.K.Shrivastava, P.L. for the respondent no.1.

Smt.Shashi Prabha Mahawar, Advocate for the respondent no.2. I.A. No.20300/2021, an application for urgent hearing is allowed. I.A.No.7076/2019, an application for taking documents on record is

allowed.

Documents are taken on record.

Heard, learned counsel for the respondents. This application, under section 439(2) of the Cr.P.C., has been filed seeking cancellation of anticipatory bail granted to respondent no.2 vide order dated 15/5/2017 passed in M.Cr.C. No.7872/2017.

It is stated in the application that the anticipatory bail was procured by respondent no.2 by suppression and misrepresentation of facts. The applicants were not arrayed as party to the bail application. The respondent

no.2 has filed M.Cr.C.No.13851/2018 for quashing the criminal proceedings on the ground of compromise entered into between the parties whereas no such compromise took place between the parties. The anticipatory bail granted by this Court is being misused by the respondent no.2. As such the bail order having been procured by suppression of material facts is liable to be recalled. Learned counsel relied upon the judgment of the Apex Court in the case of Bhadresh Bipinbhai Sheth Vs. State of Gujarat and another ((2016)1 SCC 152) to contend that this Court has powers to recall its order.

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

Signature Not Verified support of his contention, he has placed reliance on decision of the Apex SAN

Digitally signed by HEMANT SARAF Date: 2021.12.01 14:52:16 IST 2 MCRC-26102-2018 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 respondents, in absence of any allegation with regard to violation of bail conditions, this Court does not find it a fit case to be entertained.

The application sans merit and is, accordingly, dismissed.

(S. A. DHARMADHIKARI) JUDGE

HS

Signature Not Verified SAN

Digitally signed by HEMANT SARAF Date: 2021.12.01 14:52:16 IST