Punjab-Haryana High Court
Sachin Kumar vs State Of Haryana on 22 December, 2023
Neutral Citation No:=2023:PHHC:165217
2023:PHHC:165217
202 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-61061-2023
Date of decision: 22.12.2023
SACHIN KUMAR
...PETITIONER
V/S
STATE OF HARYANA
...RESPONDENT
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Sandeep Singh, Advocate for the petitioner.
Mr. Vikas Bhardwaj, AAG, Haryana.
****
HARPREET SINGH BRAR J. (ORAL)
The present petition has been filed under Section 439 Cr.P.C.
seeking regular bail in a case bearing FIR No.448 dated 12.09.2023 under
Sections 3, 4, 5, 6, 18, 23, 25, 29 of Pre-Conception & Pre-Natal Diagnostic
Techniques Act, 1994 Rules 9, 10, 18; Sections 420, 120-B and 34 of the
National Medical Commission Act, 2019 at Police Station Sadar Yamunanagar
(Haryana).
2. Present FIR was registered on the complaint made by complainant
Dr. Puneet Kalra, Deputy Civil Surgeon, PNDT, C.M. Office, Civil Hospital,
Yamuna Nagar. On 12.09.2023, Sub Inspector Rajesh Kumar alongwith EHC
Vinod Kumar was present at Kalanaur in connection with patrolling when
Dr.Puneet Kalra met and presented an application before Incharge, Police Post,
Kalanaur regarding lodging of FIR under Sections: 3, 4, 5, 6, 18, 23, 25, 29 of
Pre-Conception & Pre- Natal Diagnostic Techniques Act, 1994 Rules 9, 10, 18;
420, 120-B IPC and 34 of The National Medical Commission Act, 2019.
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District Appropriate Authority, Kurukshetra received a secret information that
in Kurukshetra or nearby Districts, illegal sex determination test is being
conducted through touts and in response thereto, they used to bring pregnant
women to other Districts and other State (UP) for conducted illegal sex
determination resulting ratio of female foetus is effected in District
Kurukshetra. On the basis of secret information, on 12.09.2023, District
Appropriate Authority constituted a team of officers/officials consisting
Dr.Rishi, Dental Surgeon CHC, Babain; Dr. Pardeep Kumar, Additional
Medical Officer, PHC, Kirmich, Kurukshetra; Dr.Gaurav Bansal, Dental
Surgeon, PHC, Kirmach, Kurukshetra PNDT Department, Kurukshetra.
3. On the basis of above said complaint, FIR under Sections: 3, 4, 5,
6, 18, 23, 25, 29 of Pre-Conception & Pre-Natal Diagnostic Techniques Act,
1994 Rules 9, 10, 18; 420, 120-B IPC and 34 of The National Medical
Commission Act, 2019 was lodged. During investigation, copy of transaction
sending Rs.10,000/- on the mobile of Seema on 25.08.2023 was obtained.
Recovery memo was prepared. Inventory was prepared. Currency notes were
recovered and taken into police possession. During interrogation, accused
Sachin suffered disclosure statement and got demarcated the place of
occurrence.
4. Learned counsel for the petitioner inter alia contends that the
petitioner has been falsely implicated in the present case. As per the provisions
of Section 28 of the PNDT Act, only a complaint could have been filed by the
competent authority, however, in the present case, the competent authority has
not filed the complaint and only final report under Section 173 Cr.P.C. has
been submitted. Learned counsel further relies upon the judgment passed in
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Dr. Tejinder Pal Singh Multani v. State of Punjab, 2015 (2) RCR (Criminal)
399.
5. Per contra, the learned State counsel opposes the grant of regular
bail to the petitioner on the ground that two of the co-accused are yet to be
arrested and the petitioner is involved in heinous crime.
6. Having heard learned counsel for the parties and after perusing the
records of the case, it transpires that the investigating agency has concluded the
investigation and submitted the final report under Section 173 Cr.P.C. before
the concerned Court on 08.11.2023 and out of 10 prosecution witnesses cited,
none has been examined so far. The culpability, if any, would be determined at
the time of trial.
7. A two Judge Bench of Hon'ble Supreme Court in 'Satender
Kumar Antil v. CBI' (2022) 10 SCC 51, with respect to prevailing conditions
of undertrial prisoner in India has observed:
"6. Jails in India are flooded with undertrial prisoners. The statistics placed
before us would indicate that more than 2/3rd of the inmates of the prisons
constitute undertrial prisoners. Of this category of prisoners, majority may
not even be required to be arrested despite registration of a cognizable
offence, being charged with offences punishable for seven years or less. They
are not only poor and illiterate but also would include women. Thus, there is
a culture of offence being inherited by many of them. As observed by this
Court, it certainly exhibits the mindset, a vestige of colonial India, on the
part of the investigating agency, notwithstanding the fact arrest is a
draconian measure resulting in curtailment of liberty, and thus to be used
sparingly. In a democracy, there can never be an impression that it is a
police State as both are conceptually opposite to each other."
8. In view the above, the present petition is allowed. Thus, without
commenting upon the merits of the case lest it may prejudice the outcome of
the trial, the petitioner-Sachin Kumar is ordered to be released on regular bail
during trial on his furnishing bail bonds/surety bonds to the satisfaction of
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Illaqa Magistrate/Trial Court.
9. Nothing observed hereinabove shall be construed as expression of
opinion of this Court on merits of the case and the trial Court shall proceed
without being prejudiced by observations of this Court.
(HARPREET SINGH BRAR)
December 22, 2023 JUDGE
manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
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