High Court of Punjab and HaryanaCRM-M/29214/2017allowed

Surinder Kaur v. State Of Punjab

2017-10-23Mr. Justice Harinder Singh Sidhu2 pages

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-29214 of 2017 .....

Date of decision:23.10.2017 Surinder Kaur .....Petitioner v.

State of Punjab .....Respondent ....

Present:

Mr. Inderpal Singh Parmar, Advocate for the petitioner. Mr. Ayush Sarna, Assistant Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

The petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.102 dated 1.6.2017 registered for the offences under Section 18 of the Pre-natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994 and Section 420 IPC at Police Station Model Town, Ludhiana.

Notice of motion has been issued in this case. Mr. Ayush Sarna, learned Assistant Advocate General, Punjab has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner and learned Assistant Advocate General, Punjab appearing for the respondent-State and have gone through the record.

From the record, I find that the petitioner is not named in the Harpal Singh Parmar 2017.10.24 17:05 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-29214 of 2017 [2] FIR. She has been nominated on the basis fo disclosure statement of coaccused Jatinder Arora. The attribution to the present petitioner is that she used to collect people and money to send people for sex determination test of the foetus. The petitioner is not required for custodial interrogation as she has already joined the investigation in view of the interim order dated 11.8.2017 passed by this Court. No useful purpose will be served by sending the petitioner to custody.

Keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The interim order dated 11.8.2017 passed by this Court granting interim bail to the petitioner is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C. October 23, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No Harpal Singh Parmar 2017.10.24 17:05 I attest to the accuracy and authenticity of this document Chandigarh