In a bail petition under Section 439 Cr.P.C., the High Court of Punjab and Haryana granted regular bail to the petitioner charged under the PNDT Act and IPC for an offence triable by a Magistrate, considering the trial's delay due to COVID-19.
Petition allowed; petitioner admitted to bail to the satisfaction of the trial court or duty magistrate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
204
CRM-M-280-2021 Decided on : 08.03.2021
Suman
. . . Petitioner(s)
Versus
State of Haryana
. . . Respondent(s)
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
(Through Video Conferencing)
PRESENT: Mr. Arun Kumar Singal, Advocate for the petitioner(s).
Ms. Tanushree Gupta, DAG, Haryana assisted by ASI Sethan Pal Chauhan. ****
MANJARI NEHRU KAUL, J. (Oral)
The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 877, dated 01.12.2020, under Sections 3(1), 4, 5(1)(a), 6(a), 18, 29 of the Pre Natal Diagnostic Techniques (Prevention of Misuse) Act, 1994 and Under Sections 120-B, 420 IPC, registered at Police Station City Panipat.
Learned counsel for the petitioner submits that the petitioner has been in custody since 01st December, 2020 and only challan has been presented till date. Hence, there is no likelihood of the trial concluding anytime in the near future. He further submits that all the offences are triable by Magistrate.
Per contra , learned State counsel while opposing the prayer and submissions of learned counsel for the petitoiner, has apprised the Court that the petitioner allegedly accompanied the decoy patient to the place where the sex determination test was carried out.
On a query put to the learned State counsel as to whether petitioner is involved in any other case of similar nature, she on instructions from ASI Sethan Pal Chauhan, has replied in negative.
JAWALA RAM 2021.03.08 13:58 I attest to the accuracy and authenticity of this document Chandigarh
- 2 -
CRM-M-280-2021
Heard.
In view of the submissions made by learned counsel for the parties, I deem it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.
(MANJARI NEHRU KAUL) JUDGE
March 08, 2021 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No
JAWALA RAM 2021.03.08 13:58 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether the petitioner should be granted regular bail under Section 439 Cr.P.C. given the likelihood of the trial concluding in the near future and prevailing conditions.
3 provisions across 3 enactments
Suman
State of Haryana
Manjari Nehru Kaul
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
