- (1.) The present bail cancellation application has been filed under Section 439(2) Cr.P.C. seeking cancellation of the bail granted to the accused respondents under Section 438 Cr.P.C. by this Court vide order dated 15.04.2020 on the ground that the counsel for the complainant was not given an opportunity of hearing. Further, learned counsel submits that there is an apparent cheating and criminal breach of trust committed by the concerned accused respondents and therefore, they should not have been granted the benefit of anticipatory bail by this Court.
(2.) I have considered the submissions as above and perused the material available on record.
(3.) This Court in Dr. Sushil Gupta Versus Bahadur Singh: S.B. Criminal Bail Application No.76/2018 considered the provisions of Section 439(2) Cr.P.C. and after examining the same and also the law laid down by the Apex Court in Gurucharan Singh & Ors. Versus State (Delhi Administration): (1978) 1 SCC 118 and the law laid down in Ranjeet Singh Versus State of Madhya Pradesh & Ors.: (2013) 16 SCC 797, has taken a similar view.;