RAGHUVEER RAWAT Vs. STATE OF M. P.

JUDGEMENT

(1.) This petition under Section 439(2) read with Section 482 of the Code of Criminal Procedure has been preferred by the petitioner, assailing the order dated 24.8.2020, whereby the trial Court rejected the application filed by the petitioner under Section 439(2) of CrPC, for cancellation of the bail granted to the respondent No.3.

(2.) The facts leading to filing of present petition are, that an FIR at Crime No. 500/2019 was lodged against the respondent No.3 for the offences punishable under Sections 420, 467, 468 and 471 of IPC. The respondent No.3 filed anticipatory bail, which was rejected by this Court. Thereafter, after a lapse of more than 10 months the respondent No.3 was arrested by the police authorities and produced before the competent Court. The respondent No.3 filed regular bail application under Section 439 of CrPC and the same was allowed by the trial Court vide order dated 4.7.2020 imposing certain conditions, out of them one condition was that the respondent No.3/accused will cooperate in he investigation. The respondent No.2 issued notice for calling the respondent No.3 for submitting concerned documents but the respondent No.3 avoided to appear and submit the documents before the respondent No.2, due to which the respondent No.2 could not submit final report. Therefore, the petitioner filed an application under Section 439(2) of CrPC for cancellation of the liberty of bail granted by the trial Court vide order dated 4.7.2020. Notices were issued to the respondent No.3 and respondent No.3 filed his rely before the concerning Court. After hearing the parties, Additional Sessions Judge, Dabra, District Gwalior rejected the application of the petitioner vide order dated 24.8.2020. Being aggrieved by the aforesaid order, the petitioner has preferred this petition.

(3.) Learned counsel for the petitioner has submitted that the Court below has erred in rejecting the application of the petitioner holding that there is no material available for cancellation of bail granted to respondent No.3, despite the fact that the respondent No.3 breached the conditions imposed by the trial Court while granting bail. The respondent No.3 suppressed the fact and did not produce the relevant document before the police authorities whereas he was duty-bound to cooperate in the investigation. Hence, prayed for recalling of the order dated 4.7.2020 whereby the bail was granted by the trial Court to the respondent No.3.