Judgment:
CRM M-39050 of 2013 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-39050 of 2013 Date of Decision: 30.06.2014 Swati ........Petitioner versus State of Haryana and others ........Respondents CORAM: HON'BLE Mr.JUSTICE R.P.NAGRATH Present:- Mr.Gaurav Sethi, Advocate for the petitioner.
Mr.Anil Kumar, DAG Haryana.
***** R.P.NAGRATH, J.
(ORAL) The instant petition has been filed under Section 482 Cr.P.C.for issuance of direction to the respondents to complete and fair investigation in case FIR No.204 dated 13.09.2012 under Section 406/498A/506 IPC registered at P.S.Parao Ambala Cantt as the accused No.2 Kamla and accused No.3 Ishwar Chand are roaming freely despite their non-compliance of conditions imposed in the order granting pre- arrest bail granted by this Hon'ble Court to appear before the investigating officer on a date fixed.
Affidavit of Superintendent of Police was filed.
A perusal of the same shows that in pursuance to interim direction issued by this Court in CRM No.M-1391 of 2013, the accused namely Kamla and Ishwar Chand did not join the investigation on the stipulated date.
Learned State counsel on instructions from SI Gurdev Singh submits that investigating officer has already moved an application for cancellation of the bail for aforesaid non-compliance.
Anil Kumar 2014.07.03 09:59 I attest to the accuracy and integrity of this document CRM M-39050 of 2013 2 The instant is not a petition for cancellation of bail.
Learned counsel for the petitioner seeks to withdraw the instant petition with liberty to seek alternative remedy and to file appropriate petition before the trial Court to pursue the application which has been filed by the investigating officer.
Learned counsel for the petitioner also submits that the trial Court wrongly admitted the private respondents to bail on the ground that these accused persons were on anticipatory bail vide the orders of this Court whereas there is non-compliance of the stipulation.
It is made clear that trial Court would not be influenced by the fact that regular bail has since been granted, while deciding the pending application for cancellation of bail.
The disposal of such an application has to be obviously in accordance with law.
(R.P.NAGRATH) JUDGE3006.2014 anil Anil Kumar 2014.07.03 09:59 I attest to the accuracy and integrity of this document