RAJEEV Vs. MAHENDRA

JUDGEMENT

(1.) The present application is filed by the applicant under Sec. 483(3) of BNSS, 2023. for cancellation of bail granted to the respondent no.1 vide order dtd. 28/5/2024, passed in MCRC No.20250/2024.

(2.) Learned counsel for the applicant submitted that the petition of respondent was allowed vide order dtd. 28/5/2024, but the respondent no.1 is trying to threat the complainant. In this case, a complaint has been filed in the police station Annapurna, Indore addressed to Police Station Tilak Nagar, Indore. It is also submitted that while getting the bail by respondent no.1 from this Court, certain facts have not been placed and the bail has not been acquired by clean hands. Hence, the bail order is liable to be cancelled.

(3.) On the other hand, learned Senior counsel for respondent no.1 has submitted that since there is no supervening circumstances arises in the present case, the bail order passed by this Court cannot be cancelled. So far as the wrong facts on which the bail has been acquired by the applicant are concerned, this Hon'ble Court has passed the bail order after considering each and every aspect of the case and the order of this Court cannot be reviewed by itself. So far as the complaint regarding threat is concerned, learned Senior counsel has submitted that the application is addressed to police Station Tilak Nagar, Indore and alleged to be submitted before Annapurna Police Station, but as per the RTI information, no complaint has been received by Annapurna Police Station. Therefore, the submissions of counsel for applicant are not considerable. In support of his contentions, learned Senior counsel for the applicant has placed reliance over the Judgment passed in the case of Dolat Ram and Others vs. State of Haryana (1995) 1 SCC 349.