RAMADHAR BAGHEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under Sec. 439(2) of CrPC has been filed for cancellation of bail order dtd. 15/11/2021 passed by 4th Additional Sessions Judge, Morena in S.T. No.289/2020 arising out of Crime No.159/2020 registered at Police Station Banmore District Morena.

(2.) The necessary facts for disposal of the present application in short are that on the complaint of the complainant, police had registered Crime No.159/2020 for offence under Ss. 147, 148, 149, 323, 294, 506, 324 of IPC. The charge-sheet was filed on 7. 10.2020 and cognizance of the offence was taken by the Trial Court on the said date. Respondent No. 2 was present as he was released on bail by the police. The copies of the charge-sheet were given to the accused persons. Since bailable offences were registered against the respondent No. 2, therefore, the following order was passed on 7/10/2020:-

(3.) Thereafter, it appears that the applicant filed an application under Sec. 193 of CrPC for taking cognizance under Sec. 307 of IPC also as the police had not deliberately filed charge-sheet for offence under Sec. 307 of IPC. Accordingly, the Sessions Court by order dtd. 12/11/2021 came to a conclusion that there is sufficient material to take cognizance under Ss. 307, 34 of IPC and, accordingly, the bail granted to the respondent under the pretext that all the offences registered against him are bailable in nature, was cancelled and the case was fixed for appearance of the respondent No. 2 on 4/12/2021. It appears that thereafter the respondent No. 2 filed an application under Sec. 438 of CrPC which has been allowed by the Court below by order dtd. 15/11/2021 passed in S.T. No.289/2020 which is under challenge before this Court.