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2013 Supreme(Del) 2087

S.P.GARG
Govind Narain Johari – Appellant
Versus
State – Respondent


For the Petitioners:Mr. Arun Bhardwaj, Sr. Adv. with Mr. Arnan Vachher, Mr. Bhupesh Narula , Mr. Abhishek Chauhan, Advocates.
For the Respondent:Ms. Fizani Husain, APP. for the State. Mr. S.K. Sethi, Sr. Adv. with Mr. Harsh Jaidka , Mr. Manoj Kumar, Advocates for respondent No. 2 in all the petitions.

JUDGMENT :

S.P. Garg, J.

1. The petitioner-Govind Narain Joshi has preferred petition under Section 482 Cr.P.C. for setting aside the order dated 15.02.2013 of Learned Addl. Sessions Judge whereby bail granted to him was cancelled.

2. Learned Senior counsel for the petitioner urged that the impugned order cannot be sustained as there was no material to cancel the bail granted by the learned ACMM vide order dated 27.06.2012. The complainant lodged false complaints to harass him after an inordinate delay of four years. She never lodged any complainant with him regarding quality of the articles supplied to her. He was arrested in FIR No.218/2011 and was granted interim bail at first instance. Subsequently, the bail was confirmed. The complainant with malafide intention lodged another FIR No.278/2011 on similar facts. Jewellery worth Rs.11 crores is still in her possession. Neither did she make the payment of the jewellery purchased for the last more than one year nor did she return it.

3. Learned Senior counsel for the complainant and learned Additional Public Prosecutor supported the order and urged that there are serious allegations against the petitioner whereby he cheated the innocent








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