Jamna Devi v. The State NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3712/2017 JAMNA DEVI ..... Petitioner Through Mr. Mohit Monga, Adv.

Versus

THE STATE NCT OF DELHI & ANR ..... Respondents Through Ms.

Manjeet Arya, APP for respondent no. 1 Mr. S. Tabrez, Adv. with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 22.02.2018 Petitioner has filed this application for cancellation of bail of respondent no. 2 on the ground that respondent no. 2 has failed to fulfil the conditions, on which bail was granted to the respondent no. 2. It is submitted that bail was granted to the respondent no. 2 after his counsel had made a statement that respondent no. 2 was willing to handover possession of the disputed land admeasuring 200 sq. Yds. to the complainant/firstinformant. Further, that after the matter is resolved, petition for quashing of the FIR would be filed. In view of the above statement, interim bail granted to the respondent no. 2 was confirmed, vide order dated 3rd April, 2014. It is

contended that possession has not been handed over; therefore, anticipatory bail be cancelled.

Counsel for the respondent no. 2 submits that petitioner had earlier filed Crl. M.C. No. 450/2015 for cancellation of the bail on the same ground, which was dismissed as not pressed on 24th February, 2016, since charge-sheet had been filed.

I am not inclined to entertain similar application without any change of circumstances. The said application was also for cancellation of bail on the ground that possession was not handed over, but same was not proved when learned APP submitted that charge-sheet had been filed. Petition is dismissed.

A.K. PATHAK, J.

FEBRUARY 22, 2018 r.bararia