High Court of Punjab and HaryanaCRM-M/12194/2016allowed

Sapna v. State Of Haryana

2016-04-25Mr. Justice S.P. Bangarh2 pages

CRM-M 12194/2016

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 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.