Devendra Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 12659 MP

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 3360 of 2015
                                        (DEVENDRA SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 07-08-2023
                                 Shri Vasant Roland Daniel - Advocate for appellant No.3.

                                 Shri Yogesh Dhande - Public Prosecutor for respondent/State.

Shri Anil Khare - Senior Advocate with Shri Anand Kumar Sharma - Advocate for objector.

For the reasons assigned, IA No.19101 of 2023- application for taking

additional documents on record, is allowed. The documents are taken on record.

IA No.14937 of 2021 is filed seeking for cancellation of bail granted to appellant No.3/Faklu Singh by this Court vide order dated 30.04.2016.

The reason for cancellation of bail sought for is that appellant No.3/Faklu Singh s/o Uttam Singh, namely, accused No.4 herein has been involved in Crime No.143 of 2019 for the offences punishable under Sections 294, 323, 324, 354, 307, 147, 148, 149 and 506 read with Section 302/120B of the IPC at Police Station Hatta, District Damoh. He has been arrayed as absconding

accused No.5. Therefore, it is pleaded that since he has been arrayed as an accused, that ground itself is sufficient to cancel his bail.

T h e same is disputed by Shri Vasant Roland Daniel, counsel for appellant No.3. He has placed reliance upon the judgment of a Division Bench o f Kerala High Court in the case of Densil vs. State of Kerala passed in CRL.MC No.2814 of 2022 dated 10.08.2022 with reference to para 8, wherein a part of the judgment of the Hon'ble Supreme Court has been extracting therein pertaining to cancellation of bail.

Signature Not Verified Signed by: SANTOSH MASSEY Signing time: 09-08-2023 13:34:59

We have considered the contentions.

It is undisputed that he has been arrayed as absconding accused No.5 in Crime No.143 of 2019. It is an offence alleged against him. The same is not disputed by the counsel for appellant No.3. Even while considering the judgment of the Hon'ble Supreme Court in the case of Dataram Singh vs. State of Uttar Pradesh reported in (2018) 3 SCC 22, very specific reference has been made to the fact that the bail cannot be cancelled on mere whims and fancies. There has to be a good reason for the same and one of them being that it was no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial. In the instant case, that is exactly

what has happened. Having been granted bail by this Court, he has misused it and he has been arrayed as an accused in the second crime. Therefore, we are of the view that, that is sufficient to cancel the bail in view of the fact that it will no more be conducive to proceed on with the present appeal.

Under these circumstances, we are of the view that the order dated 30.04.2016 granting bail to appellant No.3 - Faklu Singh s/o Uttam Singh Parihar is cancelled. Ordered accordingly.

I.A. No.14937 of 2021 is allowed and disposed off.

                                 (RAVI MALIMATH)                                           (VISHAL MISHRA)
                                   CHIEF JUSTICE                                                JUDGE

                           SKM




Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 09-08-2023
13:34:59