Punjab-Haryana High Court
Surinder Kaur vs State Of Punjab on 23 October, 2017
Author: Inderjit Singh
Bench: Inderjit Singh
In the High Court of Punjab and Haryana at Chandigarh
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Criminal Misc. No.M-29214 of 2017
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Date of decision:23.10.2017
Surinder Kaur
.....Petitioner
v.
State of Punjab
.....Respondent
....
Present: Mr. Inderpal Singh Parmar, Advocate for the petitioner.
Mr. Ayush Sarna, Assistant Advocate General, Punjab
for the respondent-State.
.....
Inderjit Singh, J.
The petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.102 dated 1.6.2017 registered for the offences under Section 18 of the Pre-natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994 and Section 420 IPC at Police Station Model Town, Ludhiana.
Notice of motion has been issued in this case.
Mr. Ayush Sarna, learned Assistant Advocate General, Punjab has put in appearance on behalf of the respondent-State and contested this petition.
I have heard learned counsel for the petitioner and learned Assistant Advocate General, Punjab appearing for the respondent-State and have gone through the record.
From the record, I find that the petitioner is not named in the 1 of 2 ::: Downloaded on - 24-10-2017 23:19:10 ::: Cr. Misc. No.M-29214 of 2017 [2] FIR. She has been nominated on the basis fo disclosure statement of co- accused Jatinder Arora. The attribution to the present petitioner is that she used to collect people and money to send people for sex determination test of the foetus. The petitioner is not required for custodial interrogation as she has already joined the investigation in view of the interim order dated 11.8.2017 passed by this Court. No useful purpose will be served by sending the petitioner to custody.
Keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The interim order dated 11.8.2017 passed by this Court 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.
October 23, 2017. (Inderjit Singh)
Judge
*hsp*
NOTE: Whether speaking/reasoned: Yes
Whether reportable: No
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