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Cites 7 docs - [View All]
The Medical Termination of Pregnancy Act, 1971
Section 5 in The Medical Termination of Pregnancy Act, 1971
Section 4 in The Medical Termination of Pregnancy Act, 1971
Section 6 in The Medical Termination of Pregnancy Act, 1971
The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)] Act, 1994

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Punjab-Haryana High Court
Jaibir Singh vs State Of Haryana on 9 May, 2012
Crl. Misc. No.M-8885 of 2012                                1
                    ..
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                    Criminal Misc. No. M-8885 of 2012 (O&M)
                    Date of Decision : May 9th, 2012


Jaibir Singh
                                                   .... Petitioner

                               Versus

State of Haryana
                                                  .... Respondent

2.                  Criminal Misc. No. M-9737 of 2012 (O&M)
                    Date of Decision : May 9th, 2012


Vikram alias Balwinder Singh
                                                   .... Petitioner

                               Versus

State of Haryana
                                                  .... Respondent


CORAM : HON'BLE MR. JUSTICE VIJENDER SINGH MALIK

1.Whether Reporters of local papers may be allowed to see the judgment?
2.Whether to be referred to the Reporters or not?
3.Whether the judgment should be reported in the Digest?

Present    Mr. Rakesh Nehra, Advocate,
          Mr. Parminder Singh, Advocate,
          for the petitioners.

          Mr. Sagar Deswal, AAG, Haryana,
          for the State.

VIJENDER SINGH MALIK, J.

Jaibir Singh in Criminal Misc. No.M-8885 of 2012 seeks pre- arrest bail while Vikram alias Balwinder Singh in Criminal Misc. No. 9737 of 2012 seeks regular bail in a case registered by way of FIR No. 135 Crl. Misc. No.M-8885 of 2012 2 ..

dated 27.2.2012 at Police Station Sadar, District Karnal for an offence punishable under sections 3, 4 and 5 of the Medical Termination of Pregnancy Act, 1971 (for short "the MTP Act"), sections 4, 5 and 6 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short, "the PC and PNDT Act") and sections 312, 313 and 315 of Indian Penal Code.

On the secret information that abortion was being conducted on a woman in Upkar Charitable Hospital, Meerut Road, Karnal (hereinafter referred to as "the hospital") after conducting a pre-natal test, a team of six doctors went to the said hospital. There they came to know that Smt. Rekha and Jaibir were running the said hospital and they were not having any doctors degree. It was found at the spot that a woman, named, Suman was admitted in the hospital on whom abortion had been conducted by Smt. Rekha. Smt. Suman was found to also have three daughters. It was found that Rekha and Balwinder Singh took Suman, who was carrying three months pregnancy to Shamli, a place in Uttar Pradesh for determination of sex of the foetus and as it was found that the foetus was female and reaching the hospital on 26.2.2012, abortion was conducted.

The petitioner, Jaibir Singh is claimed in the complaint to have committed an offence under section 4 and 5 of the MTP Act while Vikram alias Balwinder Singh is stated to have committed an offence punishable under sections 4, 5 and 6 of PC and PNDT Act and section 3 of MTP Act.

While issuing notice of motion in the petition brought by Jaibir, the following contentions of learned counsel for the petitioner were Crl. Misc. No.M-8885 of 2012 3 ..

noticed:

" Learned counsel for the petitioner submits that though the petitioner is the husband of Smt. Rekha, yet he has no concern with the Upkar Charitable Hospital situated near Sugar Mill, Meerut Road, Karnal which is run by Smt. Rekha. He has further submitted that there had been disputes between the petitioner and his wife on account of which she made complaint to the police which was amicably settled whereby the petitioner had transferred the building of Upkar Charitable Hospital to Smt. Rekha earlier to even the registration of the present case. He has drawn my attention to Annexures P-1 to P-3 in this regard."

Learned counsel for the petitioner, Jaibir Singh has submitted in addition thereto that after transferring the building of the hospital to his wife, Rekha, the petitioner was not left with any concern with the hospital. He has submitted that he has prima facie committed no offence as alleged in this case.

Learned counsel for the petitioner, Vikram alias Balwinder Singh has submitted that the petitioner is alleged to have accompanied Suman to Shamli for the sonography test to find out the sex of the foetus carried by Suman. According to him, the petitioner is in no relation to Suman and he has been falsely implicated in this case. According to him, Suman and her husband are already in custody in this case.

Learned State counsel has submitted, on the other hand, that the team of doctors conducted enquiries and on the basis of their findings, case has been got registered. According to him, there is prima facie case against these persons and since there is serious problem of skewed ratio of girl child in our society, the same has to be dealt with very Crl. Misc. No.M-8885 of 2012 4 ..

sternly.

The petitioner Jaibir Singh, as per the documents on record, is though owner of the hospital, yet there is material on the record to prima facie hold that he had disputes with his wife and to settle those disputes, he transferred the building of Upkar Charitable Hospital to Smt. Rekha, earlier to the registration of this case and was left with no concern with the hospital. The team of doctors came to the hospital on 27.2.2012 and the ultrasound is alleged to have been conducted a day earlier. The team of doctors did not see Vikram alias Balwinder Singh to have accompanied Suman to Shamli for that purpose. It is claimed that his name appeared in the statement of Suman herself, who is a co-accused in this case. The petitioner is said to be in custody and the trial is to take a long time to be over.

In this view of the matter, without commenting on the merits of the case, I find the petitioners to be entitled to bail. Consequently, the petitions are allowed. The order dated 27.3.2012 granting interim anticipatory bail to Jaibir Singh, petitioner in Criminal Misc. No. 8885 of 2012, is made absolute.

Vikram alias Balwinder Singh, the petitioner in Criminal Misc. No. 9737 of 2012, is ordered to be released on bail on his furnishing a personal bond in a sum of Rs.20,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Karnal.

(VIJENDER SINGH MALIK) JUDGE May 9th, 2012 som