SHIVAM SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition under Sec. 482 of Cr.P.C. at the instance of petitioner/accused for recalling of order dtd. 14/3/2022 passed in M.Cr.C.No. 1371/2022, which was an application for cancellation of bail at the instance of respondent No. 2/complainant and same was allowed and bail earlier granted to petitioner vide order dtd. 18/12/2020 in M.Cr.C.No. 50455/2020 was recalled and bail was cancelled.

(2.) It is the submission of learned counsel for the petitioner/accused that a case was registered against him at the instance of respondent No. 2/complainant for offence under Sec. 307 of IPC vide crime No. 1046/2020 registered at Police Station City Kotwali, District Morena. He preferred bail application and same was allowed vide order dtd. 18/12/2020 in M.Cr.C.No. 50455/2020. He enjoyed the personal liberty and according to him, he did not commit any offence but complainant lodged complaint on false pretext against him and two complaints after release of petitioner on bail was registered, one was primarily for offence under Sec. 336 read with Sec. 195-A of IPC (Crime No. 1408/2021) and another was for offence under Sec. 336 of IPC (Crime No. 1422/2021). On this pretext, respondent No. 2/complainant filed an application for cancellation of bail under Sec. 439 (2) of Cr.P.C. vide M.Cr.C. No. 1371/2022.

(3.) In said application for cancellation of bail, registered AD was issued to present petitioner and Govt. counsel was directed to intimate the petitioner about the pending application.