Prosecution version is that in the wake of a property dispute present appellant had hired with the assistance of one Deepak Harnath Singh, respondent number.
Appellant prayed for bail in terms of Section 439 of the Code of Criminal Procedure, 1973 in short the Code , which was allowed by order dated 27.5.2008 passed by learned 1st Additional Sessions Judge, Sihore.
The respondent number.
An application for cancellation for bail was filed by the present respondent number2.
The cancellation was prayed on the following grounds There is specific allegation against appellant that it was he who had fired the shot.
Co accused Deepak Harnath Singh is still absconding.
The shot fired by the present appellant hit one Ravi Rinku in his neck.
2 and 3 have companysistent criminal antecedent.
2 and 3 for killing Shyam Tiwari who is his real brother.
Dr. ARIJIT PASAYAT, J. Leave granted.
After being released on bail, appellant by making a telephonic call to Nikhlesh Tiwari, nephew of Shyam Tiwari, had threatened to kill him in case he does number resile from his case diary statement.
Challenge in this appeal is to the order passed by a learned Single Judge of the Madhya Pradesh High Court, Jabalpur Bench, directing cancellation of bail granted to the appellant.
Background facts are as follows The present appellant along with two others was arrested in companynection with Crime number149/2008 registered at Kotwali Sehore, for alleged companymission of offence punishable under Sections 307 read with Section 34 of the Indian Penal Code, 1860 in short the IPC .
