SOMESH CHAURASIA Vs. STATE OF M.P.

JUDGEMENT

(1.) The second respondent has been convicted of an offence punishable under Section 302 of the Indian Penal Code 1860 and sentenced to suffer imprisonment for life. Pending the disposal of the appeal against the conviction, the High Court by its order dated 3 February 2016 ordered a suspension of sentence under the provisions of Section 389(1) of the Code of Criminal Procedure 19731. Two applications were moved before the Division Bench of the High Court of Madhya Pradesh (IA 6837 of 2019 and IA 5781 of 2019) for cancellation of bail and revocation of the order dated 3 February 2016 granting a suspension of sentence to the second respondent. These applications for cancellation of bail were filed by the petitioner as well as by the State of Madhya Pradesh. The application for cancellation of bail filed by the petitioner was on the basis that after the second respondent was granted a suspension of sentence on 3 February 2016, a First Information Report, being FIR No 143 of 2019, was registered against the second respondent at PS Hata, District Damoh on the allegation that while on bail, the second respondent had committed the murder of the father of the petitioner. In the application for cancellation of bail moved by the State of Madhya Pradesh, it has been submitted that the second respondent has two other convictions on the charge of murder. Moreover, it has been submitted that there is a similarity in that both the victims belong to the same family. The registration of the FIR at the behest of the petitioner was also mentioned in the application for cancellation of bail.

(2.) The application for cancellation of bail moved by the State of Madhya Pradesh contains the following averments in paragraph 8:

(3.) There is a reference to the present FIR in paragraph 10, which reads as follows: