H.S. Sandhu vs The State Of Madhya Pradesh
2022 Latest Caselaw 4092 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.52960/2019
              H.S. Sandhu vs. State of M.P. & Anr.

Gwalior, Dated : 24/03/2022

      Shri Anshu Gupta, Counsel for the applicant.

      Shri Rohit Mishra, Additional Advocate General for the

respondent No.1/State.

Shri M.M. Tripathi, Counsel for respondent No.2.

This application under Section 439(2) of Cr.P.C. has been filed

for recall of order dated 20.4.2015 passed by this Court in M.Cr.C.

No.3284/2015 on the ground that even after release on bail, the

respondent No.2 has misused the liberty by executing a sale deed

fraudulently in respect of a public road.

In support of the above contention, the applicant has filed a

copy of FIR in Crime No.124/2019 registered at Police Station Dabra,

District Gwalior to show that on 26.2.2019 an FIR was registered for

offence under Sections 420, 34 of IPC. However, from the body of the

FIR, it is clear that the disputed sale deed was executed on 18.3.2013

i.e. much prior to grant of bail by this Court by order dated 20.4.2015

in M.Cr.C.No.3284/2015. Merely because an FIR was registered

subsequently in respect of an offence committed much prior to the

release on bail would not mean that he has misused the liberty granted

by this Court.

It is further submitted that the respondent No.2 has also been

convicted in a trial arising out of Crime No.234/2019 registered at

Police station Dabra, District Gwalior for offence under Sections 324,

THE HIGH COURT OF MADHYA PRADESH MCRC No.52960/2019 H.S. Sandhu vs. State of M.P. & Anr.

323, 294, 506, 34, 341 of IPC. It is submitted by the counsel for the

applicant that offence under Section 326 of IPC was also added

subsequently. According to the said FIR, on 19.4.2019, at about 10:30

in the night, the complainant/applicant was going towards his house

on his motorcycle. He was waylaid by respondent No.2 and other co-

accused persons in front of Sandhu Hotel and started scolding that the

applicant has lodged a report against them and on the said issue, the

co-accused Navjot Sandhu assaulted the applicant on his head by

baseball bat whereas Ajay Chhepa assaulted the applicant by a sharp

weapon. It is submitted that the respondent No.2 has been convicted.

In the FIR, there is no allegation that any injury was caused by

the respondent No.2 to the applicant. A copy of the judgment of

conviction has not been placed on record.

Be that whatever it may.

From the FIR it is clear that no overt act of assaulting the

applicant is assigned to respondent No.2. Thus, this Court is of the

considered opinion that it is true that one more offence was committed

by respondent No.2 after his release but in view of the role assigned to

respondent No.2, one more opportunity can be granted to the

respondent No.2 to improve himself and not to indulge in any criminal

activities.

Accordingly, for the time being, the application filed by the

applicant for cancellation of bail to respondent No.2 is hereby

THE HIGH COURT OF MADHYA PRADESH MCRC No.52960/2019 H.S. Sandhu vs. State of M.P. & Anr.

dismissed. However, it is made clear that in case if any fresh offence

is committed by respondent No.2, then the applicant shall be free to

file fresh application for cancellation of bail and in that situation he

will be permitted to re-agitate the question of registration of FIR in

Crime No.124/2019 registered at Police Station Dabra, District

Gwalior.

(G.S. Ahluwalia) Judge (alok)

ALOK KUMAR 2022.03.24 17:40:25 +05'30'