RAMCHARAN Vs. STATE OF M.P.

JUDGEMENT

(1.) Leave granted.

(2.) The sentence of the appellant, in an appeal filed, challenging his conviction and sentence before the High Court, was suspended by the High Court pending the decision of his Criminal Appeal No. 1070 of 2000 and he was directed to be released on furnishing personal bond in the sum of Rs. 25,000.00 with one surety in the like amount to the satisfaction of the trial court, in terms of the order dated 11.1.2002. That order was passed after hearing the counsel for the appellant as also the Public Prosecutor for the State.

(3.) After about 2 1/2 months of the passing of the above order, the High Court issued a notice to the appellant to show cause why his bail should not be cancelled. It is not in dispute that the show-cause notice was issued suo motu by the High Court, no application for cancellation had been filed either by the State or by any other party. On consideration of the show-cause notice, the order dated 11.1.2002 was recalled and bail granted to the appellant was cancelled. The only reason given, on noticing the facts in brief by the High Court, is that the order for bail was passed on 11.1.2002 on some misapprehension of factual position.