JUDGEMENT
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(1.)Leave granted.
(2.)This appeal, by special leave, is directed against the order
dated 16.8.2013 passed by the High Court of Madhya Pradesh,
Bench at Gwalior, in M.Cr.C. No. 3370 of 2013 whereby the
learned single Judge has cancelled the order of bail granted by
learned first Additional Sessions Judge, Guna vide order dated
6.2.2013 to the appellant.
(3.)The facts giving rise to the present appeal are that on
14.8.2012 an FIR bearing No. 376/2012 was registered at Police
Station, Kotwali, Guna, for offences punishable under Sections
307, 147, 148, 149, 120B read with Section 34 of the Indian
Penal Code (IPC) and Sections 25 and 27 of the Arms Act alleging
that the appellant along with one Abhishek Hada and two unknown
persons had come to the market place where an altercation ensued
between them and the informant and others. It was alleged in
the FIR that two of these four persons were carrying weapons and
they fired at the informant, respondent No. 3 herein, and one
Dilip Singh. After the injured succumbed to the injuries,
Section 302 IPC was added. The appellant apprehending arrest
filed an application under Section 438 of the Code of Criminal
Procedure (CrPC) before the first Additional Sessions Judge,
Guna, who vide order dated 14.9.2012 rejected the same. Being
unsuccessful in obtaining an anticipatory bail the appellant
filed M.Cr.C. No. 8023 of 2012 which was dismissed as withdrawn.