Dismissed

Central Bureau of Investigation v. Manoj Gupta

Punjab & Haryana HC3 Aug 2011CRM-M/17290/2011

Case brief

AI extract

What is this about?

The CBI applied to cancel bail granted to the respondent by this Court in November 2004. The Court dismissed the application, noting no proof of bail misuse was produced. It directed the trial court to expedite proceedings and permitted a fresh bail cancellation application if substantial proof of witness tampering is later obtained.

What did the court decide?

Petition dismissed; trial court directed to expedite trial.

Central Bureau of Investigation Vs Manoj… — Criminal Trial and Appeal | Punjab & Haryana HC (2011)

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CRM No.M-17290 of 2011

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CRM No.M-17290 of 2011 Date of Decision : August 03, 2011.

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Central Bureau of Investigation

..... Petitioner

versus

Dr. Manoj Gupta

..... Respondent

CORAM : HON'BLE MR.JUSTICE SURYA KANT.

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Present : Dr.Anmol Rattan Sidhu, Senior Advocate, with Mr.Rajbir Atri, Advocate, for the petitioner.

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1. Whether Reporters of Local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ---

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Surya Kant, J. (Oral)

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In this application under Section 439(2) Cr.P.C., the CBI seeks cancellation of the bail granted by this Court to the respondent vide order dated November 09, 2004 subject to the conditions contained therein.

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Heard learned Senior counsel for the CBI and perused the record.

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In my considered view, no tangible proof of misuse of concession of bail by the respondent has been brought on record, the concession of bail once granted cannot be withdrawn on mere asking.

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The appropriate recourse for the Investigating Agency would be to ensure the protection of its witnesses and produce them before the trial

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CRM No.M-17290 of 2011

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Court at the earliest. In order to facilitate such a recourse, the CBI Court at Panchkula is directed to make an endeavour to expedite and conclude the trial at the earliest. The trial Court shall ensure that no delaying tactics are adopted by the accused or the counsel for CBI.

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With these observations, the present petition is dismissed.

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However, if the CBI gets any substantial proof to suggest misuse of concession of bail by the respondent or an attempt by him to tamper with the evidence or influence the witnesses, it shall always be open for the CBI to move an appropriate application.

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Disposed of.

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August 03, 2011 sukhpreet

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(SURYA KANT) JUDGE

Central Bureau of Investigation v. Manoj Gupta

Case brief

What is this about?

What did the court decide?

Central Bureau of Investigation v. Manoj Gupta

Case brief

What is this about?

What did the court decide?

What the court decided

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