RAM BABU TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Madhya Pradesh High Court, Jabalpur Bench, directing cancellation of bail granted to the appellant.

(3.) Background facts are as follows : The present appellant along with two others was arrested in connection with Crime No. 149/2008 registered at Kotwali Sehore, for alleged commission of offence punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC). Appellant prayed for bail in terms of Section 439 of the Code of Criminal Procedure, 1973 (in short the Code, which was allowed by order dated 27-5-2008 passed by learned 1st Additional Sessions Judge, Sihore. An application for cancellation for bail was filed by the present respondent No. 2. Prosecution version is that in the wake of a property dispute present appellant had hired with the assistance of one Deepak Harnath Singh, respondent Nos. 2 and 3 for killing Shyam Tiwari who is his real brother. The shot fired by the present appellant hit one Ravi @ Rinku in his neck. The cancellation was prayed on the following grounds.