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Davinder Kaur vs State Of Punjab And Others on 4 October, 2019

107.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-42731-2019
Date of decision: 04.10.2019

DAVINDER KAUR …. Petitioner

versus

STATE OF PUNJAB AND OTHERS …. Respondents

CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
—-

Present: Mr. Veneet Sharma, Advocate,
for the petitioner.
—-

HARI PAL VERMA, J.(Oral)

Prayer in the present petition filed under Section 439(2) of

Cr.P.C. read with Section 482 Cr.P.C. is for cancellation of anticipatory bail

granted to respondents No.2 3 vide order dated 10.01.2019 (Annexure

P-3) passed by the learned Additional Sessions Judge Amritsar, in case FIR

No.297, dated 17.12.2018 registered under Sections 406, Section498A of IPC at

Police Station Jandiala, Amritsar Rural, Amritsar.

The aforesaid FIR was registered at the behest of Davinder

Kaur (the petitioner herein). As per the prosecution version, the complainant

got married with Baljinder Singh on 20.12.2015. Since the in-laws were not

happy with the dowry articles given in the marriage, they used to harass the

complainant and also given beatings to her. On 08.10.2016, she gave birth to

a female child at Guru Nanak Dev Hospital, and from there, she went with

her parents, out of fear. In fact, the in-laws were not happy with the female

child, they want a male child. On 13.10.2016, a panchayat was convened

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and she again rehabilitated at her matrimonial home, but on 16.10.2016, she

was again given beatings. On 26.02.2017, after giving beatings, she was

thrown out of the house.

Respondents No.2 3 who are respectively the husband and

mother-in-law of the complainant, approached the court of learned

Additional Sessions Judge, Amritsar, for grant of anticipatory bail and

accordingly, vide order dated 10.01.2019, they were granted anticipatory

bail.

It is the said order which has been challenged by the petitioner

through the present petition.

The Hon’ble Apex Court in Dolat Ram and others Versus

State of Haryana, (1995) 1 SCC 349 has been held that the bail granted to

the accused should not be cancelled in a mechanical manner. The

observation made by the Hon’ble Apex Court in Dolat Ram’s case (supra)

reads as under:-

“Rejection of bail in a non-bailable case at the initial stage and
the cancellation of bail so granted, have to be considered and
dealt with on different basis. Very cogent and overwhelming
circumstances are necessary for an order directing the
cancellation of the bail, already granted. Generally speaking,
the grounds for cancellation of bail, broadly (illustrative and
not exhaustive) are: interference or attempt to interfere with the
due course of administration of Justice or evasion or attempt to
evade the due course of justice or abuse of the concession
granted to the accused in any manner. The satisfaction of the
court, on the basis of material placed on the record of the
possibility of the accused absconding is yet another reason
justifying the cancellation of bail. However, bail once granted
should not be cancelled in a mechanical manner without

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considering whether any supervening circumstances have
rendered it no longer conducive to a fair trial to allow the
accused to retain his freedom by enjoying the concession of bail
during the trial. These principles, it appears, were lost sight of
by the High Court when it decided to cancel the bail, already
granted. The High Court it appears to us overlooked the
distinction of the factors relevant for rejecting bail in a non-
bailable case in the first instance and the cancellation of bail
already granted.”

In view of above, no case for interference is made out.

Dismissed.

(HARI PAL VERMA)
JUDGE
04.10.2019
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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