HIMANSHU SHARMA  [APPELLANT(S)]   Vs.   STATE OF MADHYA PRADESH [RESPONDENT(S)]

CRIMINAL APPEAL Arising out of SLP(Crl.) No(s). 786 of 2024

(2JB, B.R. GAVAI and SANDEEP MEHTA JJ.)

Facts: The instant appeals are directed against the orders of even date, i.e., 12th December, 2023 passed by the learned Single Judge of High Court of Madhya Pradesh Bench at Gwalior in Miscellaneous Criminal Case Nos. 43154 of 2023 and 43149 of 2023, whereby the bail granted to the appellants was cancelled on applications filed by the State under Section 439(2) of Code of Criminal   Procedure, 1973 (hereinafter   being   referred   to   as ‘CrPC’). The learned Single Judge after referring to the judgment rendered by this Court in the case of Abdul Basit @ Raju   and   Others   v.   Mohd.   Abdul   Kadir   Chaudhary   and Another, cancelled   the   bail   granted   to   the   appellants   by   a coordinate Single Bench of the Gwalior Bench of the Madhya Pradesh High Court.

Issue: Whether the high court’s order cancelling bail of the appellant is valid in law?

Held: The court allowed the present appeal and held that, “Having heard and considered the submissions advanced by learned   counsel   for   the   parties   and   after   going   through   the impugned orders dated 12th  December, 2023 and so also the orders   granting   bail   dated   8th  September,   2022   and   14th September, 2022, we are of the firm opinion that the exercise of jurisdiction by the learned Single Judge of High Court of Madhya Pradesh   in   cancelling   the   bail   granted   to   the   appellants   by another Single Judge of the same High Court and that too, by examining the merits of the allegations was totally uncalled for and tantamount to judicial impropriety/indiscipline.”

The court further observed that, “Under normal circumstances, the   application   for cancellation of bail filed on merits as opposed to violation of the conditions of the bail order should have been placed before the same learned Single Judge who had granted bail to the accused. The learned Single Judge, while passing the impugned orders dated   12th December, 2023   has   virtually   reviewed   the   orders granting bail to the appellants dated 8th September, 2022 and 14th September, 2022 by another Single Judge of the same High Court.  We feel that such exercise of jurisdiction tantamounted to gross impropriety.”