PAWAN Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) Arguments on the first anticipatory bail application filed under Section 438 of Cr.P.C. by the applicant-Pawan heard. The applicant is involved in Crime No. 367/2011 of Police Station, Badwah, District Khargone registered under Sections 420. 272 of the IPC and Section 3/7 of the Essential Commodities Act. It has been submitted by the applicant's Counsel that earlier the applicant was granted bail by the Court of Shri Vivek Saxena, JMFC, Badwah of Rs 20.000/- and the applicant was released on bail. This case was registered on the complaint of Harbhajansingh. He filed a revision against the bail order, which was allowed, hence the bail order of the applicant has been cancelled and the applicant has been ordered to be surrendered before the Trial Court.

(2.) It has been argued by the applicant's Counsel that the revision was not maintainable and it has been mentioned by the Revisional Court in Paragraph 4, but this revision was treated as an application under of the Cr.PC and again in the last paragraph of the order, the revision was accepted. The order is not well founded. There is no ground for cancellation of the bail. Trial will take time, hence the application should be allowed.

(3.) The respondent has opposed the bail application.