High Court of Punjab and HaryanaCRM-M/22146/2020allowed

Shanti v. State Of Haryana

2020-12-11Ms. Justice Jaishree Thakur2 pages

CRM-M No.22146 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.22146 of 2020 (O&M) Date of Decision.11.12.2020 (Heard through VC) Shanti

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Munish Mittal, Advocate for the petitioner.

Mr. P.P. Chahar, DAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail to the petitioner in case FIR No.38 dated 25.12.2019 registered under Sections 15(2), 15(3) of Indian Medical Council Act, 1956, Sections 3 and 4 of Medical Termination of Pregnancy Act, 1971 and Sections 312, 315, 318, 34, 420 IPC at Police Station Safidon, District Jind. Learned counsel for the petitioner inter alia would contend that the petitioner has falsely been implicated in the instant FIR and is in custody since 07.03.2020. The investigation is complete and the challan has already been presented. It is further argued that the co-accused namely Rahul has been allowed bail by this Court vide order dated 15.06.2020 passed in CRM-M No.13143 of 2020.

The trial is likely to take some time to conclude and therefore, prays for concession of bail to the petitioner. Learned counsel appearing on behalf of the respondent-State opposes grant of regular bail to the petitioner, however, does not dispute the fact that the investigation is complete and that the co-accused has already PANKAJ KUMAR 2020.12.

CRM-M No.22146 of 2020 (O&M) -2been allowed regular bail by this Court.

I have heard learned counsel for the parties and have perused the paper book.

Keeping in view the fact that the challan has been presented and that the co-accused has already been allowed bail by this Court coupled with the fact that the trial is likely to take some time to conclude owing to novel corona virus situation, no useful purpose would be served by keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE December 11, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.12.11 16:05 I attest to the accuracy and integrity of this document