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Ajmer Singh Vs State of Punjab and Another

Case No: CRM M-28186 of 2012 (O and M)

Date of Decision: Oct. 1, 2012

Acts Referred: Criminal Procedure Code, 1973 (CrPC) — Section 439(2)#Negotiable Instruments Act, 1881 (NI) — Section 138

Hon'ble Judges: Rajan Gupta, J

Bench: Single Bench

Advocate: Gagandeep Toni, for the Appellant;

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Judgement

Rajan Gupta, J.@mdashThis is a petition u/s 439(2) Cr.P.C. seeking cancellation of bail granted to respondent No. 2 vide order dated 30.5.2012.

Learned counsel for the petitioner submits that certain wrong submissions were made before this court. Thus, bail granted deserves to be

cancelled.

2. I have heard learned counsel for the petitioner and given careful thought to the facts of the case. The case was instituted by petitioner u/s 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.