Madhya Pradesh High Court
The State Of Madhya Pradesh vs Hariom Singh Gurjar on 3 March, 2025
Author: Anil Verma
Bench: Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-GWL:4816
1 MCRC-2098-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 3 rd OF MARCH, 2025
MISC. CRIMINAL CASE No. 2098 of 2024
THE STATE OF MADHYA PRADESH
Versus
HARIOM SINGH GURJAR
Appearance:
Shri Vijay Sundaram, Panel Lawyer for applicant/State.
None for respondent.
ORDER
The applicant has preferred this application under Section 439(2) of Code of
Criminal Procedure (in short “CrPC“) for cancellation of bail granted to the
respondent vide order dated 11.01.2023 passed in M.Cr.C. No.1359/2023 in
relation to Crime No.179/2022 registered at Police Station Maharajpura, District
Gwalior for the offences punishable under Sections 327, 452, 323, 324, 294, 506
and 34 of IPC.
2. The application for cancellation of bail has been filed mainly on the
ground that after granting bail to the respondent by this Court in the aforesaid
offence, another Crime No.152/2023 for offence punishable under Sections 420,
406, 467, 468, 471 of IPC has been registered at Thathipur, District Gwalior.
3. Learned counsel for the applicant contended that respondent is misusing
the liberty granted by this Court and he has also violated the terms and conditions
mentioned under Section 437(3) of CrPC.
4. Heard the learned counsel for the applicant and perused the record.
5. From perusal of the bail order dated 11.01.2023, it is clear that while
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 3/5/2025
3:34:30 PM
NEUTRAL CITATION NO. 2025:MPHC-GWL:4816
2 MCRC-2098-2024
granting bail to the respondent, coordinate Bench of this Court imposed only one
condition that “respondent will present before the Trial Court on each and every
date during trial”. Apart from this, no such condition has been imposed upon the
respondent that he should not commit any other offence after releasing on bail.
6. In a case of Rajiya Vs. State of Haryana in CRM-M-35903-2023 decided
by the High Court of Punjab and Haryana at Chandigarh, the said Court
considering various judgments of Supreme Court and also of different High Courts
has observed as to what should be the yardstick and criteria for cancellation of
bail. It has been observed by the Court that merely because after granting bail, a
crime has been registered against a person to whom bail was granted and if there
was no any such condition imposed while granting him bail, then that cannot be
the sole ground for cancelling the bail.
7. In view of the aforesaid, it is clear that cancellation of bail and the power
of cancelling bail cannot be exercised by the Court in a mechanical manner. In the
instant matter, there is no such condition imposed upon the respondent/accused
while granting him bail that he should not commit the same offence after releasing
the bail, therefore, registration of subsequent offence does not prejudice smooth
trial of the case, in which the respondent has been granted bail. Hence, no ground
for cancellation of bail is made out.
8. Accordingly, this application for cancellation of bail is hereby rejected.
(ANIL VERMA)
JUDGE
Abhi
Signature Not Verified
Signed by: ABHISHEK
CHATURVEDI
Signing time: 3/5/2025
3:34:30 PM
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