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High Court of Punjab and HaryanaCRM-M/11194/2016dismissed

Mamta v. State Of Punjab And ORS

2017-04-05Mrs. Justice Raj Rahul Garg2 pages

CRM-M-11194-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-11194-2016 Date of Decision:- -05.04.2017 Mamta ....Petitioner

Versus

State of Punjab and others ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Peeush Gagneja, Advocate, for the petitioner.

Ms. Anmol Grewal, DAG, Punjab.

Mr. Nitin Narula, Advocate for Mr. K.B. Raheja, Advocate for respondent No.4.

**** RITU BAHRI, J. (Oral) Petitioner has filed the present petition under Section 439(2) for cancellation of the anticipatory bail granted to respondent No.4, vide order dated 16.03.2016 (Annexure P-2), passed by learned Additional Sessions Judge, Fazilka, in case FIR No.9 dated 06.02.2016, registered under Section 498-A IPC (Section 406 IPC added later on), at Police Station City-2, Abohar, District Fazilka.

Learned State counsel has informed that the after presentation of the challan, the charge has been framed and the trial is fixed for prosecution evidence.

Naresh Kumar 2017.04.07 17:33 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-11194-2016 -2As is evident from the order dated 16.03.2016 (Annexure P-2) that the bail was granted to respondent No.4 keeping in view the fact that respondent No.4 (husband) had filed a civil suit for mandatory injunction directing the petitioner-complainant to take back her dowry articles and the FIR was registered under Section 498-A IPC and offence under Section 406 IPC has been added after the filing the bail application. After hearing the learned counsel for the parties, going through the record, this Court is of the considered view that no ground for cancellation of bail is made out. Learned counsel for the petitioner did not point out any patent illegality or legal infirmity in the impugned order. Such articulated order, containing valid reasons, cannot legally be set aside in the garb of petition for cancellation of bail, unless and until the same is totally illegal and without jurisdiction.

In the light of aforesaid reasons, as there is no merit, therefore, the instant petition for cancellation of bail is hereby dismissed as such. April 05, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.04.07 17:33 I attest to the accuracy and integrity of this document Chandigarh