Petitioner filed a criminal miscellaneous petition seeking cancellation of bail granted to respondent No. 2 on grounds of misuse, threats, and nuisance creation.
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Criminal Misc. No. M-2714 of 2009
1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No. M-2714 of 2009
Date of Decision: 23.4.2009
Amandeep Kaur
…Petitioner
Versus
State of Punjab and Another
…Respondents
CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. R.S. Bains, Advocate for the petitioner.
Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for respondent No.1-State.
None for respondent No.2.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present petition has been filed under Section 439 (2) Cr.P.C. seeking cancellation of bail granted to respondent No.2 in case FIR No. 80 dated 30.5.2008 registered at Police Station Jhabal, under Sections 406 & 498-A IPC.
In para 10 of the petition, it has been averred as under:-
“10. That the respondent no.2 is not complying
with the conditions of bail. He is directly or indirectly making inducement, threatening the petitioner and her family members to withdraw the FIR. He is also threatening the petitioner and her family members to
Criminal Misc. No. M-2714 of 2009
2
kill them if FIR has not been withdrawn. He is also threatening the petitioner to give divorce to him. Every second/third day he comes to the residence of the petitioner and creates nuisance and abuses the petitioner thus making her life very difficult. He is basically troubling the petitioner so that she gives him the divorce and thus take advantage of his own wrong”
Let petitioner, at first instance, approach the Court, which has granted bail, for cancellation of bail on the ground that concession of bail has been misused by respondent No.2.
With the observations made above, the present petition is disposed off.
(Kanwaljit Singh Ahluwalia) Judge
April 23, 2009 “ DK ”
1 issue framed by the court
Whether bail granted to an accused under Sections 406 and 498-A IPC can be cancelled due to non-compliance of conditions and threats against the petitioner.
1 provisions across 1 enactments
Amandeep Kaur
State of Punjab
Respondent No.2
Kanwailjit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
