Disposed
Mudrika Prasad Baurai v. State of Uttarakhand
Uttarakhand HCBAC/24/2020
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BAC No.24 of 2020 Hon’ble R.C. Khulbe, J. Mr. Pawan Mishra, learned counsel for the applicant. Mr. Subhash Tyagi Bhardwaj, learned Dy.A.G. for the State. Mr. Virendra Singh Rawat, learned counsel for the private respondent. This bail cancelation application has been filed U/s 439(2) Cr.P.C. for cancellation of bail granted to respondent no.2 by Sessions Judge, Dehradun vide order dated 08.05.2019 in case crime/ FIR No.104 of 2016, U/s 420, 467, 468, 471 and 120B, 504 and 506 IPC, registered with Police Station Raipur, District Dehradun. Heard. Learned counsel for the accused (Raj Kumar Tyagi) is present before the Court and he fairly submitted that the respondent - accused has already filed a civil suit for cancellation of sale deed before the Civil Judge (Jr. Div.) Dehradun which was registered as Civil Suit No.378 of 2021 and he will not prolong the matter unnecessary. Since, the accused has already filed the above suit for cancellation of sale deed, accordingly, at present there is no need to interfere in the impugned order passed by learned Sessions Judge, Dehradun. In view of the above, the present bail cancellation application is disposed of at this stage. Pending application, if any, also stands disposed of. (R.C. Khulbe, J.) 26.10.2021 Sukhbant |
1 issue framed by the court
Whether bail cancellation application under section 439(2) CrPC should be allowed when civil suit for cancellation of sale deed is pending.
State through Dy. A.G. (Subhash Tyagi Bhardwaj)
Raj Kumar Tyagi
Sukhbant (Respondent No.2)
R.C. Khulbe
As recorded by the court registry
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