High Court of Punjab and HaryanaCRM-M/55355/2019dismissed

Varjpreet Kaur v. State Of Punjab And Others

2020-01-06Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-55355-2019 (O&M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-55355-2019 (O&M) Decided on : 06.01.2020 Varjpreet Kaur ...... Petitioner

Versus

State of Punjab & ors.

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

Ms. Surabhi Kaushik, Advocate for the petitioner.

**** Manjari Nehru Kaul, J.

Instant petition has been preferred under Section 439(2) read with Section 438(2) Cr.PC for cancellation of anticipatory bail granted to respondent No.4 - Sukhmander Singh by this Court vide order dated 29.11.2018 (Annexure P-2) in case FIR No.125 dated 04.08.2018 registered under Section 376 IPC at Police Station Dharamkot, District Moga. Learned counsel for the petitioner contended that respondent No.4-accused in collusion with the police and local politicians had been harassing the petitioner and extending threats to her to compromise the matter. Hence, it was prayed that in the facts and circumstances of the case and in order to secure the life and property of the petitioner, concession of bail granted to respondent No.4 by this Court be cancelled.

After hearing learned counsel for the petitioner, it is very evident that only bald and vague allegations of alleged threats have been levelled against respondent No.4 and official respondents much less any specific instance or date on which any such threats were given from which SONIA BURA 2020.01.

CRM-M-55355-2019 (O&M) -2an inference could be drawn that indeed the petitioner was being pressurized or threatened with dire consequences. It need not be overemphasized that once bail has been granted, it cannot be cancelled merely on the request of the complainant. Some cogent and overwhelming circumstances must be brought forth by the complainant in support of his/her contentions.

In view of the above, this Court does not find any valid reason to cancel the bail granted to respondent No.4. Accordingly, the present petition stands dismissed. However, trial court is directed to expedite the trial and conclude the same preferably within a period of three months from today.

06.01.2020 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2020.01.09 11:21 I attest to the accuracy and integrity of this document chandigarh