High Court of Punjab and HaryanaCRM-M/43816/2018allowed

Suresh Devi v. State Of Haryana

2018-10-30Mr. Justice Arvind Singh Sangwan2 pages

CRM-M-43816-2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-43816-2018 Date of Decision: 30.10.2018 Suresh Devi ... Petitioner

Versus

State of Haryana ... Respondent CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr. B.S.Saroha, Advocate, for the petitioner.

INDERJIT SINGH, J. (Oral)

438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case FIR No.351 dated 06.08.2018, registered at Police Station Rai, District Sonepat, under Sections 4, 5, 6, 23, 25 and 26 of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 and Section 120-B of the Indian Penal Code.

Notice of motion was issued in this case. Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record. PARVEEN KUMAR 2018.10.30 16:32 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-43816-2018 The allegation against the present petitioner is that a decoy lady patient met with one Virender, who took her to the present petitioner. Thereafter, the present petitioner took the decoy lady patient to the doctor. In pursuance of the interim order dated 05.10.2018 passed by this Court, the petitioner has already joined the investigation. She is not required for custodial interrogation. Nothing is to be recovered from her. Therefore, no useful purpose will be served by sending her to custody. Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 05.10.2018, 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.

Note:

$% !

$ ' PARVEEN KUMAR 2018.10.30 16:32 I attest to the accuracy and authenticity of this document Chandigarh