RANJIT SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, is directed against the order dated 16.8.2013 passed by the High Court of Madhya Pradesh, Bench at Gwalior, in M.Cr.C. No. 3370 of 2013 whereby the learned single Judge has cancelled the order of bail granted by learned first Additional Sessions Judge, Guna vide order dated 6.2.2013 to the appellant.

(3.) The facts giving rise to the present appeal are that on 14.8.2012 an FIR bearing No. 376/2012 was registered at Police Station, Kotwali, Guna, for offences punishable under Sections 307, 147, 148, 149, 120B read with Section 34 of the Indian Penal Code (IPC) and Sections 25 and 27 of the Arms Act alleging that the appellant along with one Abhishek Hada and two unknown persons had come to the market place where an altercation ensued between them and the informant and others. It was alleged in the FIR that two of these four persons were carrying weapons and they fired at the informant, respondent No. 3 herein, and one Dilip Singh. After the injured succumbed to the injuries, Section 302 IPC was added. The appellant apprehending arrest filed an application under Section 438 of the Code of Criminal Procedure (CrPC) before the first Additional Sessions Judge, Guna, who vide order dated 14.9.2012 rejected the same. Being unsuccessful in obtaining an anticipatory bail the appellant filed M.Cr.C. No. 8023 of 2012 which was dismissed as withdrawn.