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High Court of Punjab and HaryanaCRM-M/2782/2022disposed of

Rakesh Kumar v. State Of Punjab And Others

2022-08-22Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-2782-2022 (O&M) Date of Decision:-22.8.2022 Rakesh Kumar ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. G.S. Verma, Advocate for the petitioner.

Mr. Siddharth Attri, AAG, Punjab.

***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner has approached this Court seeking cancellation of anticipatory bail as granted to respondents No.2 and 3 by the Court of learned Sessions Judge, Kapurthala vide order dated 10.1.2022 (Annexure P-5). 2.

Mr. Gursharan Singh, Advocate has put in appearance on behalf of respondents No.2 and 3 and has filed Vakalatnama, which is taken on record. 3.

Learned State counsel has informed that as on date challan already stands presented.

4.

The petitioner seeks cancellation of anticipatory bail as granted to respondents No.2 and 3 mainly on the ground that the accused have been misusing the concession of bail and have been threatening to involve him in PANKAJ KAKKAR 2022.08.23 14:03 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-2782-2022 (O&M) some other false case in respect of which DDR No.015, dated 14.1.2022, at Police Station City Phagwara (Annexure P-6) is also stated to have been lodged.

5.

I have heard learned counsel for the petitioner. 6.

Having regard to the fact that the anticipatory bail was granted by the Court of Sessions, the cancellation of which is sought on some subsequent developments i.e. respondents No.2 and 3 allegedly having threatened the petitioner, this Court is of the opinion that it will be more appropriate that the petitioner files a petition under Section 439(2) Cr.P.C. seeking cancellation of bail before the Court of Sessions itself.

7.

The instant petition, as such, is disposed of with liberty to the petitioner to file a petition for cancellation of bail before the Court of Sessions itself. 22.8.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2022.08.23 14:03 I attest to the accuracy and authenticity of this document