RAVI SINGH BHADORIYA Vs. STATE OF M P

JUDGEMENT

(1.) THIS M.Cr.C. has been filed under Section 439 (2) of Cr.P.C. seeking cancellation of the order of anticipatory bail granted on 22.06.2011 by this Court in M.Cr.C. No.2435/2011, whereby the non-applicant No.2 Indra Singh has been extended the benefit of anticipatory bail in regard to an offence punishable under Section 307/34 of IPC in Crime No.32/11 and while passing the said order, this Court imposed the following conditions:-

(2.) THE contention of learned counsel for the applicant is that on account of registration of a case for an offence punishable under Sections 395, 397, 353, 332, 333, 307, 224, 225 of IPC read with Section 11/13 of MPDVPK Act as Crime No.8/12 at Police Station Mau against 13 persons which include Indra Singh, non-applicant No.2, the conditions of the above said anticipatory bail order dated 22.06.2011 are violated inviting invokation of provisions u/S 439(2)

(3.) THE provision of Section 439 (2) does not lay down any guideline and, therefore, the provision has to be invoked in accordance with the facts and circumstances of each case. Section 438 Clause 2 (ii) specifically indicates that the order of anticipatory bail passed under Section 438 Cr.P.C. would necessarily contain the following four conditions:-