Crl. Misc. No.M-35209 of 2010 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-35209 of 2010 Date of decision: 15.02.2011 Prem Lata .. Petitioner Versus State of Haryana and another .. Respondents Present:- Mr.C.S.S. Sisodia, Advocate, for the petitioner. Mr.Harmeet Singh Deol, Addl.A.G., Haryana. * * * * S.S. SARON, J. Heard counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against her on 22.10.2010 for the offence under Section 5 of Medical Termination of Pregnancy Act, 1971, at Police Station City Sirsa. The FIR, in the case, has been registered on the basis of a complaint submitted by Narinder Chaudhary, Civil Surgeon, Sirsa. It is alleged in the complaint that has been received from Sangwan Nursing Home, Sirsa on 22.10.2010, regarding the petitioner carrying out illegal abortion of Krishna Devi. The statement of Krishna Devi was recorded by a team of Doctors; besides, Doctor Anjli Narang had examined Krishna Devi. It is clear that abortion had been induced by an unauthorized person at an unapproved place, which is an offence under the Medical Termination of Pregnancy Act, 1971. The lady (Krishna Devi) was admitted in Sangwan Nursing Home. The statement of Krishna Devi, on whom abortion was carried out, was recorded. It is stated by her that the petitioner is doing work of Nurse. On checking by the petitioner of Krishna Devi, the petitioner stated that there was a foetus in her womb. An ultra-sound (Annexure P-3) Crl. Misc. No.M-35209 of 2010 ::2:: was got conducted from Dr. Sanjay Kaushal of STIC Centre, Near Dabwali Road, Sirsa, who confirmed the aforesaid fact. Later on, the petitioner carried out the abortion of foetus by putting two pills in her vegina. When the blood had started oozing out, she was got admitted in Sangwan Nursing Home, Sirsa. Learned counsel for the petitioner has contended that Krishna Devi has deposed an affidavit dated 30.10.2010 (Annexure P-2) wherein she has stated that on 12.09.2010, she was down with fever. She got her fever checked on 16.09.2010 and typhoid was found. Krishna Devi took medicine for typhoid. She started having a little bleeding and also pain in her stomach and she started feeling cist type or that there was tumour in her stomach. She got her ultra-sound done on 21.09.2010, in which enlarged spleen was found. Krishna Devi was informed that she should get her check up done from a lady doctor. On 08.10.2010, on the advice of doctor Anjana Sethi of Himachal Nursing Home, Sirsa, Krishna Devi got her ultra sound done, in which, a baby of 2 to 2½ months was found. It is stated that on 21.10.2010, due to pain in the stomach, Krishna Devi took two pills lying at home and she had excessive bleeding. In the morning of 22.10.2010, Krishna Devi along with her husband Ishwar went to the petitioner-Premlata dai (Nurse) who informed her that due to excessive bleeding the case has been spoiled and she should go to some hospital. Thereafter, Krishna Devi and her husband went to Sanwan hospital, which is nearby the Railway Colony. Due to excessive bleeding, Krishna Devi fainted. When she gained consciousness and she came to know that a false allegation of aborting the child had been levelled against her. She found that her both thumbs were marked with ink whereas she is litereate and can sign. It is stated that she has not aborted any child and neither had got any abortion done on her. It is due to excessive bleeding Crl. Misc. No.M-35209 of 2010 ::3:: that she had to go to hospital. The ultra sound report (Annexure P-3) found the spleen enlarged and opined it to be a case of splenomegaly. It was requested to corelate clinically and further investigate. On further investigation, single intrauterine pregnancy of approximately 8/10 weeks gestation was found. The prosecution is to prove and establish its case by leading evidence. Krishna Devi, on whom the abortion is said to have been done, has resiled from her statement in terms of her affidavit dated 30.10.2010 (Annexure P-2). However, in case the charge report (challan) is filed by the police against the accused, it is for the Public Prosecutor to take steps as may be necessary for pursuing the prosecution case. In consequence of the interim bail granted to the petitioner on 01.12.2010, learned counsel for the State has submitted that the petitioner has joined the investigation. In the facts and circumstances, the interim bail granted to the petitioner on 01.12.2010 is made absolute. The criminal miscellaneous petition stands disposed of. (S.S. SARON) February 15, 2011 JUDGE sukhpreet