State Of Himachal Pradesh vs Narinder Kumar Gupta
2021 Latest Caselaw 1990 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
                             CrMP(M)'s Nos. 464 and 465 of 2021
                                      Decided on: March 10, 2021




                                                                                .
    _______________________________________________________________





    1.    CrMP(M) No. 464 of 2021
          State of Himachal Pradesh               ...........Petitioner
                                   Versus
          Narinder Kumar Gupta                       ....Respondent





    2.         CrMP(M) No. 465 of 2021
               State of Himachal Pradesh                                  ...........Petitioner
                                       Versus
               Smt. Kiran Gupta                                              ....Respondent





    _______________________________________________________________
    Coram:
    Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting? 1No.

    For the Petitioner                     :      Mr. Sudhir Bhatnagar and Mr.

                                                  Arvind   Sharma,    Additional
                                                  Advocates General with Mr.
                                                  Kunal Thakur, Deputy Advocate
                                                  General.


    For the Respondent(s) :       None.
    _______________________________________________________________
    Sandeep Sharma, Judge (oral):

By way of present petitions filed under Section 439(2)

CrPC, prayer has been made on behalf of the petitioner-State for

the cancellation of bail granted by this Court vide order dated

1st October, 2020 passed in Cr.MP's Nos.1735 and 1736 of

2020, in case FIR No.12 of 2020, dated 28.9.2020, under

Sections 498-A, 354-A, 354-C, 506 and 34 of IPC, registered at

Women Police Station, Shimla, District Shimla, H.P.

2. Having heard learned Additional Advocate General and

perused the grounds taken in the petitions for cancellation of

Whether the reporters of the local papers may be allowed to see the judgment?

bail, this Court finds that the bail granted to respondent(s) is

now being sought to be cancelled on the ground that they and

.

their family members are not helping the police to get the

recovery of "Stridhan" effected, however this Court is afraid that

the bail granted by this Court can be cancelled on the aforesaid

ground. Bail granted by the Court can only be cancelled in case

respondents jump over the bail and they are not complying with

the conditions imposed by the Court while enlarging them on

bail. Learned Additional Advocate General was unable to point

out breach of any condition imposed by this Court while

enlarging the respondent(s) on bail and as such, no case, if any,

is made out for cancellation of bail.

Accordingly, both the petitions are dismissed being devoid

of any merit.

(Sandeep Sharma) Judge

March 10, 2021 (vikrant)