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2013 DIGILAW 1673 (PNJ)

Sham Dev Sachdev @ Sham Kumar v. State of Punjab

2013-12-13

R.P.NAGRATH

body2013
JUDGMENT Mr. R.P. Nagrath, J.:- CRM Nos.50205-06 of 2013. Both applications are allowed as prayed for. The adoption declaration dated 12.9.2013 (Annexure P-2) is taken on record subject to all just exceptions. CRM No.M-38731 of 2013. 1. This petition under Section 439 Cr.P.C. has been filed by the petitioner for grant of regular bail in case FIR No.249 dated 14.9.2013 registered under Sections 370(i), 120-B IPC Police Station Bawa Khel, Jalandhar, District Jalandhar. 2. The facts reported in the FIR bring startling fact of almost a racket of sale of newly born babies for consideration. 3. A baby was born to the wife of Dharam Singh. CD of conversation and deal between the father of the newly born baby, Tara Devi, Mid-wife and Pooja, Nurse was handed over to the police. It was stated that newly born baby was sold by Dharam Singh to the petitioner for a consideration of Rs.1,30,000/-. The amount of Rs.1,09,000/- was also recovered from Dharam Singh. Dharam Singh and Pooja were arrested on 14.9.2013 and petitioner was arrested on 20.9.2013. 4. The main culprits appear to be Pooja and Tara Devi. 5. Learned counsel for the petitioner contends that newly born baby was adopted for the brother of petitioner and his wife who were not having any child despite being married for 13 years and relied upon deed of adoption Annexure P-2 which is signed by Dharam Singh father of newly born baby. It is strange that statement of the mother of the newly born baby has not yet been recorded. This is a lapse which must be viewed seriously showing a total neglect on the part of Investigating Agency. The State counsel could not show that any effort was made to collect the material or antecedents of the petitioner to say that he was dealing in similar racket earlier also. The local police must collect the evidence on the subject. The newly born baby has since been recovered. 6. After hearing learned counsel for the parties, without commenting on merits of the case and the above facts, I deem it appropriate to grant bail to the petitioner Sham Dev Sachdeva @ Sham Kumar. 7. Bail to the satisfaction of Area Magistrate/trial Court. 8. Petition stands allowed accordingly.