High Court of Punjab and HaryanaCRM-M/280/2021allowed

Suman v. State Of Haryana

2021-03-08Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 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

CRM-M-280-2021 - 2 - 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