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TMI Blog2023 (5) TMI 233X X X X Extracts X X X X X X X X Extracts X X X X ..... ge of the High Court of Madhya Pradesh cancelled the bail which was granted to the appellant. The High Court observed that the Trial Court had granted bail to the appellant without taking into account an earlier order of the High Court dated 21 July 2022 rejecting bail. The High Court observed that the mere fact that the charge-sheet had been filed could not be considered as a change in circumstances. The police was directed to arrest the appellant immediately. The High Court has also directed the Registrar General to issue a notice to show cause to the Second Additional Sessions Judge, Harda to seek his explanation on the circumstances in which he had granted bail to the appellant. 3 The appellant and the complainant are closely related. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h has cancelled the bail which was granted by the trial court on 16 August 2022 to the petitioner. The charge-sheet in respect of alleged offences punishable under Sections 294, 323, 342, 354 and 506 read with Section 34 of the Indian Penal Code 1860 has been filed on 5 August 2022. Though the application for bail was rejected earlier on 21 July 2022, the trial court granted bail noting that: (i) The offence is not punishable with life imprisonment or death; and (ii) The other accused have been granted bail. 2 The High Court, while setting aside the order of the trial court, directed the issuance of a notice to the trial court seeking an explanation in regard to the order granting bail. 3 We are, prima facie, of the view that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication for bail after a reasonable period of time. After the charge-sheet was submitted before the competent Court under Section 173 of the Code of Criminal Procedure 1973, the appellant moved for bail afresh. The order passed by the Trial Judge granting bail on the ground that the charge-sheet had been submitted and that the other accused were on bail was eminently fair and reasonable. The order of the High Court directing that the appellant be arrested immediately and seeking an explanation from the Second Additional Sessions Judge was wholly disproportionate and was not warranted. Such orders of the High Court produce a chilling effect on the District judiciary. The members of the district judiciary cannot be placed in a sense of fea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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