Mamta vs State Of Punjab And Ors on 5 April, 2017

CRM-M-11194-2016 -1-

IN 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.

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CRM-M-11194-2016 -2-

As 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

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