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PUNJAB AND HARYANA HIGH COURT
Rajan Gupta, J.
Ajmer Singh —Petitioner
versus
State of Punjab and Anr. —Respondents
CRM M 28186 of 2012 (O&M)
Decided on 1.10.2012
Counsel for the Parties:
For the Petitioner:Mr. Gagandeep Toni, Advocate.
IMPORTANT POINT
Bail once granted cannot be cancelled on mere asking.
Headnote:Negotiable Instruments Act, 1881—Section 138—Criminal Procedure Code, 1973—Section 439(2)—Dishonour of cheque—Bail—Cancellation—Case was instituted by petitioner under Section 138 of Negotiable Instruments Act—On anticipatory bail petition being preferred before High court, it was disposed of with direction that in eventuality petitioner surrenders before trial court within 10 days, he shall be admitted to bail subject to such terms and conditions as trial court may deem fit to impose—Accused surrendered before court and trial is going on—No ground made out to invoke section 439 (2) Cr.P.C. for cancellation of bail. (Para 3)
Rajan Gupta, J.— This is a petition under Section 439(2) Cr.P.C. seeking cancellation of bail granted to respondent No.2 vide order dated 30.5.2012.
2. Learned counsel for the petitioner submits that certain wrong submissions were made before this court. Thus, bail granted deserves to be cancelled.
3. I have heard learned counsel for the petitioner and given careful thought to the facts of the case. The case was instituted by petitioner under Section 138 of Negotiable Instruments Act. On a anticipatory bail petition being preferred before this court, it was disposed of with a direction that in the eventuality the petitioner surrenders before the trial court within 10 days, he shall be admitted to bail subject to such terms and conditions as the trial court may deem fit to impose. Admittedly, accused surrendered before the court and the trial is going on. There is no ground made out to invoke section 439 (2) Cr.P.C. for cancellation of bail. Dismissed.
Application dismissed.
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