Shekhar Sarathe vs The State Of Madhya Pradesh
2022 Latest Caselaw 1092 MP

     HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT
                                   JABALPUR



M.Cr.C NO.                                        63561/2021
Parties Name                 SHEKHAR SARATHE

                                            VS.

                             STATE OF M.P.
                             AND OTHERS
Bench Constituted            Single Bench
Judgment delivered By        HON'BLE SHRI JUSTICE VISHAL DHAGAT
Whether     approved     for YES
reporting
Name of counsel for parties For appellant: Shri P. C. Palliwal, Advocate

                             For Respondent/State : Ms. Hemlata Kshatriya, P.L.

( O R D E R ) 24/01/2022

1. Applicant has filed this application under section 438

CrPC, for grant of anticipatory bail.

2. Applicant was arrested in connection with Crime

No.137/2021 by Police of Police Station Amarwara, District

Chhindwara for commission of offence punishable under

sections 354, 354-A, 354(D), 341 and 506 of IPC and was

released on bail by order dated 17.2.2021. Later on an

application was filed by complainant for cancellation of bail

which was entertained by the court and bail was cancelled.

3. Learned counsel for applicant submitted that

Additional Sessions Judge, Amarwara, District Chhindwara

vide its order dated 9.12.2021 exercising its power under

section 439(2) of CrPC, cancelled the bail granted to

applicant. As applicant is under apprehension of his arrest

after cancellation of bail, therefore, he has filed this

application for grant of anticipatory bail.

4. Application for anticipatory bail can be filed by any

person who has reason to believe that he may be arrested

on accusation of having committed non-bailable offence.

Applicant was enlarged on bail under section 439 CrPC.

Thereafter an application was filed for cancellation of bail.

5. Application filed for cancellation of bail is not to be

considered on merits of the case but same is to be

considered if bail granted to accused has been misused.

Court has to consider material evidence brought on record

before it and thereafter takes a decision for cancellation of

bail. Trial court had taken a decision for cancellation of bail

to applicant on basis of evidence available before it and it

was held that he had misused the bail granted to him as he

had violated condition no.1, 3 & 4 of bail order dated

17.2.2021.

6. Before regular bail granted to an accused is cancelled,

he is given opportunity to rebut the evidence produced

before Court and establish that there is no violation of bail

order. Decision by Court is not taken on basis of

accusation but on basis of materials available before it.

7. Application for grant of anticipatory bail filed by

applicant is not maintainable when regular bail granted to

accused is cancelled under section 439(2) of CrPC.

8. Anticipatory bail application is dismissed as non-

maintainable.

(VISHAL DHAGAT) JUDGE mms

Digitally signed by MONSI M SIMON Date: 2022.01.27 16:31:22 +05'30'