NAVNEET JAIN Vs. GOLU

JUDGEMENT

(1.) THIS application for cancellation of bail has been filed against an order dated 3.3.2004 in M.J.C. No. 2/2004, rejecting an application under S. 439(2), CrPC for cancellation of bail granted by learned Special Judge, Dhar, vide an order dated 8.12.2003 in Bail No. 825/2003, wherein the learned Judge had mentioned that in the case of breach of conditions of bail, the order of bail would automatically become ineffective.

(2.) AS the accused is said to have breached the condition of bail, an application for cancellation was filed but the same has been rejected as per reasons given in para 9 of the impugned order that the accused-non-applicant had only caught hold of witness Jairaj by collar saying that "Bahut dadagiri karta hai abhi batata hoon". On the contrary, in the FIR it is categorically mentioned by witness Jairaj that the accused having seen him, started hurling filthy abuses; caught hold of him by collar and threatened as to why he has given evidence in Navneet Jain's case where a weapon sword was used. That apart, a copy of the complaint lodged to the Station House Officer, PS Dhar by Parasmal Jain, Advocate, is also on record wherein he has alleged that the accused-applicant is misusing the liberty as he is roaming freely being armed with deadly weapon and is also threatening his daughter who is studying in a Government Girls School. Shri G.S.Chouhan,learnedG.A., during the course of hearing brought to the notice of this Court a list of 15 criminal cases registered against the accused-non-applicant, which was produced before another Bench of this Court.