Husena Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 2170 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE ANAND PATHAK
                                               ON THE 7 th OF FEBRUARY, 2023
                                          MISC. CRIMINAL CASE No. 45701 of 2021

                           BETWEEN:-
                           HUSENA KHAN D/O MASOOR AHEMED KHAN, AGED
                           ABOUT 34 YEARS, OCCUPATION: BUSINESS R/O 36/36
                           R A J VA N S H C O L O N Y MITTAL COLLEGE ROAD
                           P.S.NISADPURA DISTT. (MADHYA PRADESH)

                                                                                          .....APPLICANT
                           (BY SHRI MANISH KUMAR JAIN - ADVOCATE)

                           AND
                           1.     THE STATE OF MADHYA PRADESH THR. P.S.
                                  ASHOKA GARDAN DISTT. BHOPAL MP (MADHYA
                                  PRADESH)

                           2.     ASIF KHAN S/O IFTEKHAR AHEMED KHAN, AGED
                                  ABOUT 24 YEARS, OCCUPATION: PRIVATE JOB
                                  HOUSE NO. 17 GALI NO. 2 RISALDAR COLONY
                                  GAUTAM NAGAR (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (BY SHRI NARENDRA CHOURASIYA - GOVERNMENT ADVOCATE WITH
                           ANKIT SAXENA - ADVOCATE FOR RESPONDENT NO.2/ ACCUSED)

                                  This application coming on for admission this day, the court passed the
                           following:
                                                              ORDER

T h e instant application is under Section 439(2) of the Cr.P.C. for cancellation of bail granted earlier to the respondent/accused vide order dated 11.12.2020 passed in M.Cr.C. No.39281/2020.

2. Respondent No.2 and other co-accused are facing wrath of prosecution in respect of crime No.628/2020 and suffered confinement with effect from Signature Not Verified Signed by: APARNA TIWARI Signing time: 2/8/2023 10:08:49 AM

14.09.2020. Therefore, bail application was preferred under Section 439 of Cr.P.C. and vide order dated 11.12.2020 in M.Cr.C. No.39281/2020 same was allowed and bail was granted to respondent No.2. Bail was granted on the grounds of period of custody, accused did not have any criminal antecedents at the time of passing of the order and because of onslaught of Covid-19 Pandemic.

3. Through this application, under Section 439(2) Cr.P.C., it is the submission of learned counsel for the applicant/complainant that respondent No.2/accused got bail on making false statements. According to him, case was of arson and it was accused/respondent No.2 who committed the offence

whereas accused has taken the ground that it was an attempt by the complainant himself to lit fire for getting insurance claims. Said fact is incorrect, therefore, this application has been preferred.

4. Learned Government Advocate for the respondent narrated the course of event.

5. Learned counsel for the respondent No.2/accused opposed the prayer on the ground that no ground is made out for cancellation of bail.

6. He placed reliance upon Abdul Basit @ Raju & Ors. Etc. Vs. Md. Abdul Kadir Chaudhary & Anr. (2014) 10 SCC 754 , he prayed for dismissal of this application.

7. Heard.

8. This is a case where application is preferred for cancellation of bail. In the case of Abdul Wasif (supra) two grounds have been elaborated by the Apex Court attracting cancellation of bail: one is accused's misconduct and second new adverse fact having surfaced after the grant of bail.

9. Said spirit echoed in the Court in recent judgment of the Apex Court in the Signature Not Verified Signed by: APARNA TIWARI Signing time: 2/8/2023 10:08:49 AM

case of Bhuri Bai Vs. State of Madhya Pradesh 2022 LiveLaw (SC) 956.

10. Considering the fact situation, order for cancellation of bail and respective submissions, it appears that no case for cancellation of bail is made out. Accused has referred only the fact regarding alleged conduct of complainant. Respective submissions would be tested on the anvil of cross-examination of witnesses. This is not a case where any adverse fact has been mentioned which attracts cancellation of bail.

11. Even otherwise, perusal of order under challenge indicates that bail was granted because of period of custody, clean record of accused and onslaught of Covid-19 Pandemic. Those peculiar facts and circumstances, bail was granted. No case is made out to revisit the said order.

12. Resultantly, application sans merit is hereby dismissed.

(ANAND PATHAK) JUDGE AT

Signature Not Verified Signed by: APARNA TIWARI Signing time: 2/8/2023 10:08:49 AM