MAHESH SAKET Vs. STATE OF M.P.

JUDGEMENT

(1.) This is an application under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS)/482 of the Code of Criminal Procedure for exercising extra-ordinary jurisdiction of this Hon'ble Court and sought quashing of the order dtd. 17/1/2025 whereby the Court below has rejected the bail granted to the applicant in Crime No.206/2023 vide order dtd. 3/10/2023. The Court has exercised the power provided under Sec. 439(2) of Cr.P.C.

(2.) Learned counsel for the applicant submits that an offence was registered against the present applicant vide Crime No.206/2023 under Ss. 147, 148, 149, 294, 323 and 324 of the IPC. Later on an additional offence under Sec. 326 of IPC was also added and applicant was arrested on 29/9/2023 and was sent to jail.

(3.) An application for grant of bail was moved under Sec. 439 of Cr.P.C. and vide order dtd. 3/10/2023, the bail application was allowed and bail was granted to the present applicant, though, with certain conditions contained in the order itself. While considering the bail application, the Court has also taken note of the six offences registered against the present applicant as has been informed to the Court. It is stated in the application that the present applicant was an elected Sarpanch and was eyesore for several persons and because of political rivalry, he was targeted and was also victimized by lodging FIR by respondent No.2 for offence under Ss. 147, 148, 149, 427, 294 and 506 of IPC vide Crime No.178/2024 at Police Station Garh, District Rewa on 2/5/2024. As per the applicant, this FIR was lodged with a sole intention for getting the bail of the present applicant cancelled by the Court in Crime No.206/2023. As per the applicant, in Crime No.206/2023, respondent No.2 was not the complainant and therefore, he cannot move an application for cancellation of bail granted in Crime No.206/2023.