115 IN THE HIGH COURT OF PUNJAB & HARYANA AT…
The petition is allowed and the petitioner is directed to be released on bail subject to satisfaction of the CJM/Duty Magistrate concerned.
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CRM-M 12194/2016
115
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Date of decision:25/04/2016
Sapna
............Petitioner
vs
State of Haryana
.............Respondent
CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.JS Saneta,Advocate for the petitioner.
Mr.Yashwinder Singh,DAG Haryana with ASI Narinder Singh and Dr.Rajinder Kumar,Dy.Civil Surgeon,Karnal.
Jaswant Singh,J(Oral)
Prayer is for grant of regular bail in case FIR No.72 dated 16.1.2016 under Sections 420,417, 336, 409,315,316, 120-B,34 IPC and Sections 3,4,5,6 of the PNDT Act,1994 and Sections 3,4,5 of the MTP Act,PS City Karnal.
On a secret information house of co-accused Suman Solanki, a qualified ANM employed with the State Government was raided and it was found that there was a procedure of aborting female fetus being conducted upon pregnant Reena. The amount of fee charged, tools to be used for conducting the procedure were seized. Petitioner-accused is sister of said Smt.Reena and she alongwith her
RAJINDER PRASHAD JOSHI 2016.04.25 16:41 I attest to the accuracy and authenticity of this document High Court, Chandigarh.
CRM-M 12194/2016
115
co-accused husband Rajinder have been nominated as accused being conspirators in the commission of offence under the aforesaid Acts.
It is contended that offence is triable by Magistrate and the petitioner is in custody since 17.1.2016 and challan presented.
Learned State counsel on instructions is unable to refute the aforesaid factual position.
Without commenting upon the merits of the case, the fact that the challan had been presented and evidence of 11 cited witnesses is yet to commence, and no useful purpose would be served by keeping petitioner in custody, the present petition is allowed and petitioner is directed to be released on bail subject to satisfaction of the CJM/Duty Magistrate concerned.
25.04.2016 (Jaswant Singh) joshi Judge
RAJINDER PRASHAD JOSHI 2016.04.25 16:41 I attest to the accuracy and authenticity of this document High Court, Chandigarh.
1 issue framed by the court
Whether regular bail should be granted in the case of accused being involved in the commission of offences under IPC and PNDT Act and MTP Act.
3 provisions across 3 enactments
Sapna
State of Haryana
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
