Simran Gadh v. State & ORS.

$~14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5289/2017 SIMRAN GADH ..... Petitioner Through:

Ms. Sarika Jetley Kochar, Adv.

versus STATE & ANR.

..... Respondents Through:

Mr. Izhar Ahmad, APP for State/R-1.

Mr. Ravi Bassi, Mr. Anand Manocha and Mr. Sanyam Malik, Advs. for R2.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.10.2018 By this petition, petitioner seeks cancellation of bail granted to the respondent no.2 by the trial court vide order dated 04.11.2016 on the ground that respondent no.2 has misused the concession of bail granted to him. It is submitted that respondent no.2 has not returned the diamond and gold jewellery to petitioner, which were given to her at the time of marriage. This cannot be said to be a misuse of concession of anticipatory bail granted to the respondent no.2. A perusal of order dated 04.11.2016 makes it clear that this issue was considered by the trial court while granting bail to the respondent no.2. It was the contention of the complainant (petitioner herein) that diamond and gold jewellery were in possession of the respondent no.2 which required his arrest.

Trial court has noted the contentions of

respondent no.2 that he was not in possession of jewellery articles of complainant.

It was further stated that whatever stridhan was with respondent no.2 had already been returned to the petitioner. Be that as it may, whether jewellery is in possession of respondent no.2 or not is a matter of trial and will be looked into in appropriate proceedings. For the foregoing reasons, petition is dismissed being devoid of merits.

A.K. PATHAK, J.

OCTOBER 11, 2018 ga