Krishna Devi vs State Of Haryana And Others on 2 February, 2009

Criminal Misc. No. M-10535 of 2008                                  1




     In the High Court of Punjab and Haryana, at Chandigarh.


                Criminal Misc. No. M-10535 of 2008

                     Date of Decision: 2.2.2009


Krishna Devi
                                                            ...Petitioner
                                 Versus
State of Haryana and Others
                                                        ...Respondents


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr. R. Kartikeya, Advocate
         for the petitioner.

         Mr. S.S. Mor, Senior Deputy Advocate
         General, Haryana for respondent No.1-State.

         Mr. V.K. Suri, Advocate
         for respondents No.2 and 3.


Kanwaljit Singh Ahluwalia, J. (Oral)

Respondent No.2 Des Raj and respondent No.3 Pappu were

found innocent and were placed in column No.2. Trial Court had

summoned them by invoking Section 319 Cr.P.C. They were ordered to

be released on bail in Criminal Misc. No. M-52684 of 2007 by a Co-

ordinate Bench of this Court and the following order dated 5.12.2008

was passed:-

“The petitioners were declared innocent by

the police, however, on the application moved under

Section 319 Cr.P.C. by the State, they were

summoned to face trial. This Court vide order dated
Criminal Misc. No. M-10535 of 2008 2

29.11.2007 has granted them interim bail. Pursuant

to the order dated 29.11.2007, the petitioners have

appeared before the trial Court and furnished

personal bonds and surety bonds to its satisfaction.

Under the circumstances, the instant

petition is allowed and the interim bail granted by

this Court vide order dated 29.11.2007 is confirmed.

However, the petitioners would appear in the Court

on each and every date of hearing”.

The present petition has been filed seeking cancellation of the

bail granted to them. A Co-ordinate Bench had ordered that case be

listed as per roster.

No misuse of concession of bail has been averred in the

present petition except that the bail ought not to have been granted.

Counsel for the State, on instructions from Ranbir Singh,

Assistant Sub Inspector, states that the entire evidence was recorded

except for recording of evidence of one witness. Trial is at fag end. It is

stated that next date fixed is 5.2.2009.

No ground for cancellation of bail granted to respondents No.2

and 3 is made out. Hence, the present petition is dismissed.

(Kanwaljit Singh Ahluwalia)
Judge
February 2, 2009
“DK”