STATE OF MADHYA PRADESH Vs. BARDANILAL AHIRWAR

JUDGEMENT

(1.) Counsel heard on the ques: tion of cancellation of bail granted to the non-applicant by order dated 1-8-2005 of the learned Special Judge, Indore SC/ST (Atrocities) Act-cum-Additional Sessions Judge, Indore in Bail Application No. 21 IS/ 2005. The non-applicant is facing trial for offences under S. 420, 467, 468 and 471 of the I. P. C. pertaining to Crime No. 78/04 of PS Rawji Bazar, Indore. It is alleged that an offence of cheating involving a sum of Rs. 7,.64,000/- pertaining to the incumbancy of the non-applicant as Chief Executive Officer of Jila Antya Vavyasayi Sahakari Vikas Samiti was committed.

(2.) Several attempts were made by the said non-applicant to seek enlargement on bail but in vain. It is alleged that as many as eight applications were made before the Sessions Court without success and the efforts made twice before this Court also failed. These facts are indisputable.

(3.) While considering the matter in relation to the bail application of a co-accused when it was brought to the notice of this Court that the non-applicant had already been enlarged on bail and on parity, the co- accused should also be so enlarged, the learned Judge, on going through the record, was shocked to find that the present non- applicant had obtained bail from the Sessions Court without disclosing that his applications had twice been rejected by the High Court. Being of the opinion that had this fact been disclosed that the application had been twice rejected by the High Court, the Additional Sessions Judge would not have been persuaded to grant bail, learned Judge took suo rnotu cognizance and registered the case for initiating proceedings for cancellation of bail granted by the Additional Sessions Judge. A notice was issued to the respondent in response whereof the respondent has appeared through his Counsel.