Anil Sharma vs State Of Madhya Pradesh

G.S. Ahluwalia, J

This application under Section 482 of Cr.P.C. has been filed for modification of order dated 20.2.2018 passed in M.Cr.C.No.3827/2018 by which the applicant was granted bail on the basis of the concessional statement made by the counsel for the applicant and he is ready to deposit an amount of Rs.80,00,000/-.

It is submitted by the counsel for the applicant that during the currency of the said bail application, the applicant preferred another bail application under Section 439 of Cr.P.C. which was registered as M.Cr.C.No.11906/2019 and was dismissed by this Court by order dated 5.4.2019 by holding that the second bail application under Section 439 of Cr.P.C. is not maintainable and, accordingly, he was granted liberty to file an application for modification of the order dated 20.02.2018 passed in M.Cr.C. No.3827/2018.

It is submitted by the applicant that the concessional statement made by his earlier counsel while arguing the bail application in M.Cr.C.No.2827/2018, was without any instructions of the applicant, therefore, he has not furnished the bail and thus he has prayed that condition of depositing an amount of Rs.80,00,000/- imposed by this Court on the concessional statement made by the counsel may be modified.

Heard the learned counsel for the applicant.

It is the case of the applicant himself that the order dated 20.2.2018 passed in M.Cr.C.No.3827/2018 was passed on concessional statement, which was made without any instructions from the applicant. Under these circumstances, this Court is of the considered opinion that the entire bail order dated 20.2.2018 has to be recalled.

Accordingly, the order dated 20.2.2018 passed in M.Cr.C.No.3827/2018 is hereby recalled. The applicant is granted liberty to file a fresh application under Section 439 of Cr.P.C.

With aforesaid liberty, this application is finally disposed of.