NEERA MEHTA Vs. STATE & ANR.

JUDGEMENT

(1.) This order governs the disposal of a petition filed under Section 401 of Cr.P.C by the petitioner Smt. Neera Mehta seeking cancellation of bail of the respondent No. 2 who has been granted anticipatory bail vide order dated 19.11.2012 rendered by the Court of Shri Rajeev Bansal, ASJ-3, District South, New Delhi.

(2.) Counsel for the petitioner craves for the cancellation of bail on the ground that the learned Sessions Judge has not given any basis for assessing the jewellery articles at Rs. 75,000/- which have not been returned by the respondents. Learned Sessions Judge granted anticipatory bail to the respondent No. 2 subject to the deposit of Rs. 75,000/- in lieu of the jewellery articles. Counsel also submits that the petitioner had presented dowry articles worth Rs. 5 lakhs and even the in-laws had presented jewellery articles which were not less than worth Rs. 8 lakhs. Counsel also submits that the learned Sessions Judge also failed to appreciate the rate of gold as on date of passing of the order being Rs. 32000/- per 10 gms and the said amount of Rs. 75000/- would not suffice to the worth of jewellery at hand. Counsel for the petitioner submits that the learned Sessions judge has not exercised the discretion on a sound principle of law and in a judicious manner.

(3.) Refuting the contentions raised by the counsel for the petitioner, Counsel for the respondents submitted that the learned Counsel for the petitioner has not assigned any cogent reason for the cancellation of bail, as such, therefore, the petition deserves to be dismissed.