RENU SEHRAWAT Vs. SUNNY SEHRAWAT & ORS

JUDGEMENT

(1.) The present petition under Sec. 439(2) of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as the Crimial P.C. ) has been filed by the petitioner for cancellation of bail granted to the respondent no.1-Sunny Sehrawat vide order dated 08.07.2013.

(2.) The factual matrix, in brief, is that on the basis of complaint made by the petitioner/complainant to the police, FIR No. 151/2013, under Sections 498A/406/34 Penal Code read with Sec. 3/4 of Dowry Prohibition Act, Police Station Dwarka was registered against the respondent no.1 and other accused persons. An application for the grant of anticipatory bail was moved by the respondent no.1 before this Court. Vide order dated 08.07.2013, the respondent no.1 was granted anticipatory bail and he was directed to appear before the Investigating Officer on 09.07.2013 along with the stridhan of the complainant and Swift car. On 09.07.2013, respondent no.1 appeared before the Investigating Officer but did not hand over all the items as per the list. Thereafter, the petitioner filed a petition under Sec. 482 Crimial P.C. for modification/rectification of order dated 08.07.2013 granting bail to the respondent no.1. The matter was kept pending and on 11.02.2014, the counsel for the petitioner withdrew the said petition with the liberty to file a fresh petition for cancellation of bail. Therefore, the said petition was dismissed as withdrawn.

(3.) The ground taken by the counsel for the petitioner for cancellation of bail granted to the respondent no.1 is that on 15.08.2013 at about 03.40 p.m., someone called the elder brother of the petitioner on his mobile phone and extended death threats to all the family members if the petitioner does not compromise the issue with the respondent no.1. The other ground taken is that the respondent no.1 was inadvertently granted bail vide order dated 08.07.2013.