Navdeep Gupta vs Union Territory on 15 May, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                Crl. Misc No. M-10760 of 2009
                                Date of decision : 15.05.2009


Navdeep Gupta
                                                          ....Petitioner

                                       V/s


Union Territory, Chandigarh
                                                          ....Respondent

BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA

Present: Mr. Anmol Rattan Sidhu, Sr. Advocate with
Mr. Vishal Deep Goyal, Advocate for the petitioner.

Mr. N.S. Shekhawat, Advocate for U.T. Chandigarh.

RAJAN GUPTA J. (ORAL)

Learned counsel for the petitioner submits that FIR in this case

was registered under Sections 452, 427 323 and 506 IPC at police station

Manimajra, Chandigarh on 12.03.2006. According to the counsel,

petitioner was granted bail in this case by the Court of Judicial Magistrate

First Class, Chandigarh on 23.03.2006. However, an application was

moved later by the witness namely Veer Pal Kaur on the ground that

petitioner had misused the concession of bail as he had threatened her and

her family members and even her counsel. On this ground, the bail granted

to the petitioner was cancelled by Judicial Magistrate Ist Class, Chandigarh

on 19.12.2008. The petitioner, thereafter, preferred a revision petition

before the court of Additional Sessions Judge, Chandigarh. However, the

same was dismissed on 09.04.2009, Annexure P-4 to the petition.

Mr. Sidhu has contended that petitioner is in custody since

08.12.2008. According to him, the case is triable by the Magistrate and

detention of the petitioner in custody for such a long period is harsh as the
Crl. Misc No. M-10760 of 2009 -2-

trial is likely to take quite some time to conclude. This apart, petitioner has

challenged the impugned order on the ground that parameters for

cancellation of bail are not made out and thus, the order cancelling the order

be set-aside.

Learned counsel for the U.T. Chandigarh has though opposed

the prayer made by the petitioner but concedes that the case is triable by the

Magistrate and the petitioner has been detained for fairely long period in

custody.

Keeping in view the entire facts and circumstances of the case,

order Annexure P-1 and P-4 are hereby quashed. However, this will be

subject to condition that the petitioner shall not misuse the concession of

bail in any manner. The petitioner will be required to furnish fresh bail

bonds to the satisfaction of the investigating officer who shall release the

petitioner on bail subject to heavy surety and on furnishing an undertaking

that he shall not misuse the concession of bail in future.

15.05.2009                                                   (RAJAN GUPTA)
Ajay                                                            JUDGE