SONIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) State has moved this petition seeking cancellation of bail granted to the respondent on 10/2/2021 in Cr.M.P(M) No. 291/2021.

(2.) Cr.MP(M) No. 227/2021 was moved by the respondent (Petitioner therein) for grant of regular bail in the aforesaid FIR on 4/1/2021. Petition was listed on 1/2/2021 before the Hon'ble Coordinate Bench/Vacation Bench, when notice was issued and waived by the State. Status report was directed to be filed and the matter was ordered to be listed in first week of March, 2021.

(3.) During the pendency of Cr.MP(M) No. 227/2021 and subsequent to notice having been issued in it, the respondent filed another Cr.MP(M) No.291/2021, under Sec. 439 of the Code of Criminal Procedure for grant of regular bail in the same FIR through a different counsel. The second bail petition was listed on 9/2/2021, when notice was issued and the status report was called for. The status report was filed by the State without disclosing the fact of filing and pendency of previous bail petition (Cr.MP(M) No. 227/2021) by the respondent in the same FIR. Respondent also did not disclose in her second bail petition (Cr.MP(M) No. 291/2021) about her filing Cr.MP(M) No. 227/2021, seeking regular bail in the same FIR and its pendency in the Court. On 10/2/2021, respondent was enlarged on bail in Cr.MP(M) No. 291/2021.