Asha Arora v. State Of Haryana

CRM-M 2443/2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:04.04.2016 Dr.Asha Arora .............Petitioner v.

State of Haryana .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Bipan Ghai,Senior Advocate assisted by Mr.Paras Talwar,Advocate for the petitioner Mr.Kuldip Tiwari,Addl.AG Haryana assisted by ASI Shamsher Singh Jaswant Singh,J.(Oral) Prayer is for grant of anticipatory bail in case FIR No.784 dated 30.12.2015 under Sections 3/5 of MTP Act,1971 and Section 29 of PNDT Act,1994,PS City Sonipat,Distt.Sonipat. As per allegations, petitioner accused in her Nursing Home had conducted Ultrasound on decoy customer and thereafter agreed to abort the child.

It is contended that no abortion was conducted and therefore, no offence is made out even if the allegations are taken at their face value. That apart, the decoy customer had posed to be an unmarried girl wanting an abortion, which fact itself would form sufficient cause for conduct of abortion.

RAJINDER PRASHAD JOSHI 2016.04.04 18:57 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

CRM-M 2443/2016 It is further submitted that petitioner has already joined and fully cooperated in the investigation.

Learned State counsel on instructions does not dispute the said factual position.

In view of the above, interim bail granted vide order dated 22.1.2016 is made absolute.

04.04.2016 (Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2016.04.04 18:57 I attest to the accuracy and authenticity of this document High Court, Chandigarh.