HC rejects 3rd anticipatory bail plea of accused in sex determination case, slaps Rs 10k fine

Chandigarh: While dismissing the third anticipatory bail plea of an accused who was booked for sex determination case under the Pre-Natal Diagnostic Techniques Act, the Punjab and Haryana high court imposed a fine of Rs 10,000 on the accused for filing successive petitions for anticipatory bail by changing his counsels, which subsequently led to a delay in investigation. 

The high court was hearing the third anticipatory bail plea for an FIR which was registered on December, 2020 on Thursday.

The FIR was filed under sections 3A, 3B, 5, 6, 23, 25 Rule 3-A(1) of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Sections 420 and 120-B IPC (Section 15(2) of the Indian Medical Council Act, 1956 which was registered later at Ludhiana, reports the Indian Express.

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The petitioner's counsel had submitted that the petitioner was held innocent in a probe report dated October 16, 2021. The state argued that the report was not based on facts. According to the pleadings, the raids took place on 17th December, 2021, however, the petitioner could not be arrested. 

The first bail plea was dismissed by the HC on January 19, 2021. Following that, a second petition was filed where the petitioner's counsel sought permission to withdraw the petition after realising that it was the second petition for anticipatory bail filed without any changes in the circumstances. Eventually the petition was dismissed as withdrawn again on July 29, 2021, reports The Indian Express. 

After hearing the arguments, the bench of justice Avneesh Jhingan stated that the petitioner had successfully delayed the investigation for almost a year. Thus, ordering the payment of fine, he said, "this third petition for anticipatory bail cannot be entertained as no change in circumstances is established….the petition is dismissed with costs of Rs 10000."

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