Ramesh v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-42192-2021 (O&M) Ramesh ... Petitioner

Versus

State of Haryana ... Respondent (II) Sanjay ... Petitioner

Versus

State of Haryana ... Respondent Date of Decision:-21.9.2022 \

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Shokeen Singh Verma, Advocate for the petitioner(s). Mr. Rajiv Sidhu, DAG, Haryana, assisted by SI Jagdeep.

***** GURVINDER SINGH GILL, J.(Oral) 1.

This order shall dispose of the above mentioned two petition filed on behalf of petitioners Ramesh and Sanjay seeking grant of anticipatory bail in respect of a case registered vide FIR No.202, dated 2.8.2021, Police Station Sadar Dadri, under Sections 315 and 420 IPC, Sections 3 and 4 of Medical

( 2 ) CRM-M-42192-2021 (O&M) & Termination of Pregnancy Act, 1971 and Sections 15(2) and 15(3) Indian Medical Council Act, 1956.

2.

At the time of issuance of notice of motion in CRM-M-42192 of 2021, the following order was passed on 7.10.2021:

"The petitioner has approached this Court seeking grant of anticipatory bail in a case registered vide FIR No.202, dated 2.8.2021, Police Station Sadar Dadri, under Sections 315 and 420 IPC, Sections 3 and 4 of Medical Termination of Pregnancy Act, 1971 and Sections 15(2) and 15(3) Indian Medical Council Act, 1956.

The FIR was lodged at the instance of Dr. Anita Sangwan, Medical Officer, wherein it is alleged that on 2.8.2021, in pursuance to orders of Civil Surgeon, Charkhi Dadri, conveyed to her telephonically, she joined a raiding police party of Police Station Sadar, Charkhi Dadri at village Chappar. She reached the spot where the police party produced four MTP kits (medical termination of pregnancy kits) product name RESETKIT Tablets. As per opinion of the complainant who is a Medical Officer, the said MTP kits are used for medical termination of pregnancy. It is further the case of prosecution that the said recovery was effected from the back-side of Anil Medical Hall in village Chappar, District Charkhi Dadri. It is further the case of prosecution that the police team present at the spot informed the complainant Dr. Anita Sangwan that the said MTP kits belong to Anil, Sanjay and Ramesh.

Learned counsel for the petitioner submits that he has falsely been implicated in the present case and has nothing to do with the alleged recovery and at best it could be Anil who is running a pharmaceutical shop, who could be attributed possession of the same.

Notice of motion for 15.2.2022.

( 3 ) CRM-M-42192-2021 (O&M) & Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Even in the other case i.e. in CRM-M-21307-2022, this Court while issuing notice of motion had granted interim bail to the petitioner-Sanjay vide order dated 18.5.2022.

4.

Learned State counsel, upon instructions from SI Jagdeep, has informed that pursuant to interim directions, the petitioners have since joined investigation and are not required for any custodial interrogation. 5.

Having regard to the aforesaid facts and circumstances and particularly the fact that the petitioners are stated to have joined investigation and are not required for any custodial interrogation, both the petitions are accepted and the interim directions issued by this Court vide order dated 7.10.2021 (in CRM-M-42192-2021) and order dated 18.5.2022 (in CRM-M-21307-2022) are hereby made absolute, subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C.

6.

A photocopy of this order be placed on the file of connected case. 21.9.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No