High Court Punjab-Haryana High Court

Harish Kumar Mittal vs State Of Punjab on 17 September, 2009

Punjab-Haryana High Court
Harish Kumar Mittal vs State Of Punjab on 17 September, 2009
CRM-M 9844 of 2009               -1-


IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

                                        CRM Nos.18022, 33845 of 2009 and
                                        CRM-M 9844 of 2009

                                        Date of Decision: 17.9.2009

Harish Kumar Mittal
                                                    ..Petitioner.
Vs.

State of Punjab
                                                    ..Respondent.

CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN

Present :      Mr.P.S.Hundal, Sr.Advocate with
               Mr.Dinesh Trehan, Advocate for the petitioner.

               Mr.Ranbir Singh Rawat, AAG Punjab for the State.

               Mr.Pawan Girdhar, Advocate for the complainant.

RAKESH KUMAR JAIN, J. (Oral)

CRM No.18022 of 2009

Allowed as prayed for.

CRM No.33845 of 2009

Application is dismissed.

Main Case

Counsel for the complainant has pointed out that at the time of

issuance of notice of motion dated 16.4.2009, Sh.Deepak Sahni, counsel for

the petitioner had submitted that after investigation and enquiry, the police

has prepared a cancellation report. It is also pointed out that on 8.5.2009,

the same counsel for the petitioner has submitted that cancellation report has

been prepared but it has neither been finalised nor accepted by the higher

Authorities.

However, counsel for the State, on instructions received from
CRM-M 9844 of 2009 -2-

ASI Atar Singh, submits that statements made on 16.4.2009 as well as on

8.5.2009 on the basis of which bail was granted, were patently wrong

because at no point of time, cancellation report was prepared. However, at

this stage, counsel for the petitioner has argued that though the cancellation

report was not prepared but atleast its cancellation was recommended.

It is really strange that the petitioner is changing its previous

stand even after the order of bail was obtained by making statement on

16.4.2009. In S.P.Chengalvaraya Naidu (dead) by LRs Vs. Jagannath

(dead) by LRs and others AIR 1994 SC 853, the Supreme Court has held

as under :

“The Courts of law are meant for imparting justice

between the parties. One who comes to the court, must come

with clean hands. It can be said without hesitation that a person

whose case is based on falsehood has no right to approach the

Court. He can be summarily thrown out at any stage of the

litigation. A litigant, who approaches the court, is bound to

produce all the documents executed by him which are relevant

to the litigation. If he withhold a vital document in order to gain

advantage on the other side then he would be guilty of playing

fraud on the court as well as on the opposite party.”

Keeping in view the facts and circumstances of this case, I do

not find it to be a fit case for grant of anticipatory bail to the petitioner.

Therefore, the present petition is hereby dismissed.




                                           (Rakesh Kumar Jain)
17.9.2009                                        Judge
Meenu