Punjab-Haryana High Court
G.C. Garg vs State Of Haryana on 28 April, 2014
Author: Mehinder Singh Sullar
Bench: Mehinder Singh Sullar
CRM No.M-4313 of 2014 & -1-
CRM No.M-5022 of 2014
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(1) CRM No.M-4313 of 2014
G.C. Garg ..Petitioner
Versus
State of Haryana ..Respondent
(2) CRM No.M-5022 of 2014
Geeta Rani ..Petitioner
Versus
State of Haryana ..Respondent
Date of Decision: - 28.04.2014
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR
Present: Mr. Bipan Ghai, Senior Advocate
with Mr. Mandeep Kaushik, Advocate
for the petitioners.
Mr. H.S. Deol, Additional Advocate General, Haryana
for the respondent-State.
****
MEHINDER SINGH SULLAR , J.(oral) As identical points to grant the concession of anticipatory bail to the petitioners are involved, therefore, I propose to dispose of indicated criminal petitions bearing CRM No. M-4313 of 2014 titled G.C. Garg Vs. State of Haryana (for brevity "the 1st case") and CRM Kumar Naresh 2014.04.29 17:14 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-4313 of 2014 & -2- CRM No.M-5022 of 2014 No. M-5022 of 2014 titled Geeta Rani Vs. State of Haryana (in short "2 nd case), arising out of the same case/FIR, by means of this common order, to avoid the repetition of facts.
2. Petitioners, have preferred the instant separate petitions for the grant of anticipatory bail, invoking the provisions of Section 438 Cr.P.C., in a case registered against them, vide FIR No.25 dated 22.01.2014, on accusation of having committed the offences punishable under Sections 3A, 2(O), 22(1), 2 of Pre-Conception and Pre-Natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994, 3, 4, 5 of the Medical Termination of Pregnancy Act, 312 & 313 IPC and 15(2)(3) of the Indian Medical Council Act and 3B and 3D of The Drug and Magic Remedies Act, by the police of Police Station Sector 14, Panchkula.
3. Notices of the petitions were issued to the State.
4. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petitions for anticipatory bail deserve to be accepted in this context.
5. During the course of preliminary hearing, the following order was passed by a Co-ordinate Bench of this Court (Rekha Mittal, J.) in 1st case, on February 05, 2014:-
"The petitioner prays for grant of bail in anticipation of arrest in FIR No.25 dated 22.01.2014 registered at Police Station Sector 14 Panchkula for offence punishable under Sections 3A, 2(O), 22(1), 2 of Pre-Conception and Pre-Natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994 (in short "PC and PNDT Act"), 3,4, 5 of the Medical Termination of Pregnancy Act (in short "MTP Act"), 312 and 313 of the Indian Penal Code (in short Kumar Naresh 2014.04.29 17:14 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-4313 of 2014 & -3- CRM No.M-5022 of 2014 "IPC") and 15(2)(3) of the Indian Medical Council Act and 3B and 3D of the Drug and Magic Remedies Act.
Counsel for the petitioner inter alia contends that the petitioner is holder of degree MBBS and is more than 69 years of age. The instant FIR has been registered against the petitioner without any material to constitute offence under the PNDT Act, MTP Act, Indian Medical Council Act as well as IPC. No person from the public has come forward to make a statement that the petitioner ever indulged in termination of pregnancy or violating any provisions of PNDT Act. The maximum punishment prescribed for offence under Section 3 B & 3 D of the Drug and Magic Remedies Act is for a period of six months and the petitioner has appended an advertisement given by him in regard to giving treatment stated to be offending the provisions of the said Act. No recovery is to be effected from the petitioner and he is ready to join investigation and co-operate throughout.
Notice of motion for 01.04.2014.
In the meantime, the petitioner is directed to join investigation within seven days and on his appearance before the Investigating/Arresting officer, he will be released on bail on his furnishing bail bonds to the satisfaction of the concerned officer, subject to the following conditions:-
i) he shall make himself available for interrogation by a police officer as and when required;
(ii) he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; and
(iii) he shall not leave India without the previous permission of the Court."
6. Sequelly, similar order was passed on February 11, 2014, in 2nd case, as well.
7. At the very outset, on instructions from ASI Balbir Singh, learned State Counsel, has acknowledged the relevant factual matrix and submitted that the petitioners have already joined the investigation. They are no longer required for further interrogation, at this stage. There is no Kumar Naresh 2014.04.29 17:14 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-4313 of 2014 & -4- CRM No.M-5022 of 2014 history of their previous involvement in any other criminal case. Even, since the prosecution has not yet submitted the final police report (challan) against accused Geeta Rani, so, the final conclusion of trial will naturally take a long time.
8. In the light of aforesaid reasons and taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above, the instant petitions for anticipatory bail are accepted. The interim bails already granted to the petitioners by this Court, by virtue of orders dated February 05, 2014 (in 1st case) & February 11, 2014 (in 2 case), are hereby made absolute, subject to the nd compliance of the conditions, as contemplated under Section 438(2) Cr.P.C.
Needless to mention that, in case, the petitioners do not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of their bail, in this respect.
April 28, 2014 (MEHINDER SINGH SULLAR)
naresh.k JUDGE
Kumar Naresh
2014.04.29 17:14
I attest to the accuracy and
integrity of this document
Chandigarh