Alok Singh, J. - (1.) THIS is an application seeking regular bail for the offence in FIR No. 46 dated 10.4.2010 under Sections 312, 313, 314, 506, 201, 120 IPC, P.S. Tapa Mandi, District Barnala.
(2.) PERUSAL of the FIR reveals that the only charge against the Petitioners -accused is that the complainant's wife Geeta Rani, who was pregnant of four months, started bleeding in the village and the complainant wanted to take her to the Barnala Hospital and was making arrangements for a vehicle. Meanwhile, the Petitioners -accused persuaded the complainant to take Geeta Rani to the sister of Petitioner No. 1 to stop bleeding. Learned Counsel for the Petitioners vehemently argued that miscarriage/abortion had already started since Geeta Rani had already started bleeding and the only charge against the Petitioners -accused is that they have not allowed the complainant to take his wife to the Hospital at Barnala and instead persuaded him to take her for treatment to the sister of Petitioner No. 1. Learned Counsel for the Petitioner further states that even if this version is accepted as correct, no offence under Sections 312/313 IPC can be said to be made out against the Petitioners -accused. Petitioners have never caused miscarriage voluntarily.
(3.) LEARNED Additional Advocate General, Punjab refuted the claim of the learned Counsel for the Petitioners and has argued that since the Petitioners have persuaded the complainant to take his wife to the sister of Petitioner No. 1, hence, it should be deemed that Petitioners have helped in the miscarriage, hence offence under Section 312/313 is made out.;