In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 27033 of 2010 (O&M) Date of decision: 21.9.2010 Goga and another ......Petitioners Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.S.S.Sidhu, Advocate, for the petitioners. Ms.Rajni Gupta, Addl.AG, Punjab. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 77 dated 22.7.2010, under Sections 313/34 of the Indian Penal Code registered at Police Station City Abohar-II, District Ferozepur. The allegation against the petitioners is that they had forcibly induced the complainant to abort the foetus she was carrying. Learned counsel for the petitioners has submitted that petitioner No.1 is in custody since 2.8.2010, whereas, petitioner No.2 is in custody since 31.7.2010. The petitioners are not required for further investigation. Challan has already been presented. Learned State counsel, on the other hand, has opposed Criminal Misc. No.M- 27033 of 2010 (O&M) -2- this petition. Keeping in view the fact that the petitioners are in custody for the last more than 1 ½ month and challan has already been presented in this case, it would be just and expedient to release the petitioners on bail. The fact that whether the petitioners are guilty of the alleged offence or not would more appropriately be gone into and considered during trial. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Ferozepur. (SABINA) JUDGE September 21, 2010 anita