SAYARA BANO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of an application filed under Section 439 (2) of cr. P. C. by the petitioner Smt. Sayara Bano seeking cancellation of bail of the respondent no. 1 who has been granted anticipatory bail vide order dated 21st May, 2009 rendered by the learned Sessions Judge, Jaipur City, Jaipur.

(2.) HEARD the learned counsel for the petitioner, learned counsel for the respondent no. 1 as also learned Public Prosecutor appearing for the State and perused the relevant provisions of law as also relevant material available on record.

(3.) LEARNED counsel for the petitioner has craved the cancellation of bail on the ground that dowry articles as per the list annexed with the complaint have yet not been returned by the respondents. Learned Sessions Judge granted anticipatory bail to the respondent No. 1 on the ground that he will return all the dowry articles to the petitioner but it has not been done so, hence, on account of there being a breach of condition of bail order, the bail granted to the respondent No. 1 Mohd. Ashfaq @ mohd. Ashwaq Gabbar deserves to be cancelled.