Jasbir Kaur v. State Of Haryana

2023:PHHC:102420 CRM-M-14068-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-14068-2023 Date of Decision: 08.08.2023 Jasbir Kaur ...... Petitioner

Versus

State of Haryana ......... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Vivek Gupta, Advocate, for the petitioner.

Mr. K.K.Chahal, Additional Advocate General, Haryana, for the respondent-State.

***** RAJBIR SEHRAWAT, J. (ORAL) 1.

The present first petition has been filed by the petitioner under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.833 dated 04.11.2022 registered under Sections 3, 4, 5 of the Medical Termination of Pregnancy Act, 1971, Sections 23 and 28 of the Pre Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section15(2) and 15(3) of the Indian Medical Council Act,1956, and Sections 420, 34 and 120-B of the Indian Penal Code, 1860, at Police Station City Hansi, District Hisar.

2.

Vide order dated 20.03.2023, the arrest of the petitioner was stayed. However, there was no direction to the petitioner to join the investigation.

3.

Learned counsel for the State has submitted that that the petitioner has not joined the investigation.

VIRENDRA SINGH ADHIKARI 2023.08.10 10:10 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:102420 CRM-M-14068-2023 -24.

As response to this, learned counsel petitioner has submitted that the petitioner shall join the investigation at any time as and when the police so requires.

5.

In view of the above, but without commenting upon merits of the case, the present petition is disposed of by granting concession of anticipatory bail to the petitioner. Therefore, it is directed that in case of her arrest, the petitioner shall be released on bail subject to her furnishing bail bonds/surety bonds to the satisfaction of Arresting/Investigating Officer. However, it is further directed that the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C.

(RAJBIR SEHRAWAT) JUDGE 08.08.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.08.10 10:10 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh