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High Court of Punjab and HaryanaCRM-M/36331/2021dismissed

Maninder Kaur v. State Of Punjab And Others

2021-12-06Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-36331-2021 Decided on : 06.12.2021 Maninder Kaur ...... Petitioner

Versus

State of Punjab & ors.

...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Abhishek Khullar, Advocate for Mr. J.S.Jaidka, Advocate for the petitioner.

Mr.Luvinder Sofat, AAG, Punjab.

Mr. Sanjay Nagpal, Advocate for respondents No.2 and 3.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 439(2) Cr.PC read with Section 482 Cr.PC for cancellation of anticipatory bail granted to respondents No.2 and 3 by Addl. Sessions Judge vide order dated 29.04.2021 (Annexure P-2).

Learned counsel for the petitioner submits that the impugned order dated 29.04.2021 (Annexure P-2) has been passed by the Court below by observing that the marriage between the parties had taken place at New Zealand, which was factually incorrect. He, therefore, prays that the impugned order deserves to be set aside.

Upon notice, State as well as respondents No.2 and 3 filed their respective replies.

A perusal of the impugned order reveals that the Court below has simply noticed the contention made by respondents No.2 and 3 qua the SONIA BURA 2021.12.06 17:15 I attest to the accuracy and integrity of this document chandigarh

CRM-M-36331-2021 -2solemnization of marriage in New Zealand and had not granted the concession of bail on that ground.

Moreover, a perusal of the impugned order does not reflect any improper much less arbitrary exercise of judicial discretion by the trial Court while extending the concession of anticipatory bail. Still further, learned counsel has not brought to the notice of this Court any violation of the conditions by respondents No.2 and 3, which were imposed upon them at the time of passing of the impugned order. Accordingly, the present petition stands dismissed. (MANJARI NEHRU KAUL) JUDGE 06.12.2021 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.12.06 17:15 I attest to the accuracy and integrity of this document chandigarh