High Court of Punjab and HaryanaCRM-M/39624/2021allowed

Hawa Singh v. State Of Haryana

2021-09-28Mr. Justice Avneesh Jhingan2 pages

CRM-M-39624-2021 - 1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *** CRM-M-39624-2021 Date of Decision: 28.9.2021 Hawa Singh Petitioner

Versus

State of Haryana Respondent

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. Sudhir Rana, Advocate for the petitioiner.

Ms. Geeta Sharma, DAG, Haryana.

**** AVNEESH JHINGAN, J (Oral):

Due to COVID-19 situation, the Court is convened through video conference.

This petition under Section 439 Cr.P.C. is filed seeking regular bail in FIR No. 284, dated 3rd September, 2021, under Sections 4 (4), 6, 23 of the Pre-Natat Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 and Sections 420, 120-B read with Section 34 of IPC registered at Police Station Dharuhera, District Rewari.

As per the allegations, on a secret information that prenatal sex determination tests are being carried out, a raid was conducted and Rs. 45,000/- were handed over to Smt. Sushma. The SHABHA 2021.09.28 17:28 I attest to the accuracy and integrity of this document High Court, Chandigarh

CRM-M-39624-2021 - 2role attributed to the petitioner is that he was present along with coaccused Sushma. Learned counsel for the petitioner submits that the petitioner is a taxi driver; he has no role. Bill for hiring of the taxi is annexed with the petition.

Learned State counsel, on instructions SI Pawan, opposes the prayer for grant of regular bail.

The petitioner is in custody since 3rd September, 2021. As per the case set up, the only allegation against the petitioner is that he was present on the spot along with co-accused. No recovery is to be made from the petitioner. The conclusion of investigation and trial is likely to take more time. The petition is allowed. The petitioner is granted bail subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned. It is clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. [AVNEESH JHINGAN] JUDGE 28th September, 2021

1. Whether speaking/ reasoned :

Yes / No

2. Whether reportable :

Yes / No SHABHA 2021.09.28 17:28 I attest to the accuracy and integrity of this document High Court, Chandigarh