Rohit Kumar v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-26542 of 2019 (O&M) Date of Decision: July 01, 2019 Dr.Rohit Kumar

...Petitioner

VERSUS

State of Haryana and another

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Sachin Gupta Ladwa, Advocate for the petitioner.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 439(2) Cr.P.C. for cancellation of regular bail granted to respondent No.2 by this Court in case FIR No.224 dated 12.05.2018 under Sections 406, 420, 506, 171 and 120-B IPC registered at Police Station Sadar Thanesar, Kurukshetra. I have heard learned counsel for the petitioner and have gone through the record.

From the record, I find that regular bail was granted to respondent No.2 by this Court on 30.04.2019. The FIR in the present case is under Sections 406, 420, 506, 171 and 120-B IPC. The allegation against the accused is that he took `19.50 lakhs from the complainant for sending him to America. Neither money was returned nor complainant was sent to America. Regular bail was granted by this Court by holding that offences VINEET GULATI 2019.07.04 12:50 I attest to the accuracy and authenticity of this document Chandigarh are triable by Judicial Magistrate Ist Class; accused was in custody since

CRM No.M-26542 of 2019 -227.11.2018 and trial of the case is likely to take long time. Learned counsel for the petitioner wants cancellation of bail only on the ground that notice to the complainant-petitioner was not given when the bail was granted.

The bail was granted to respondent No.2-Mukesh Chauhan wife of Gulab Singh on 30.04.2019 and nothing has been argued that she has misused the concession of bail or tampered with the evidence etc. Keeping in view the above facts and from the perusal of the record, I find that no ground is made out for cancelling the bail granted to respondent No.2. The bail was granted on merit, in view of the custody period and other facts.

Therefore, finding no merit in the present petition, the same is dismissed.

July 01, 2019 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2019.07.04 12:50 I attest to the accuracy and authenticity of this document Chandigarh