ABEM DEVI Vs. U.T.CHANDIGARH

JUDGEMENT

(1.) Through instant petition under Sec. 439 of Code of Criminal Code, 1973, the petitioner is seeking bail in FIR No.127 dtd. 5/9/2019 registered at Police Station Sarangpur, Chandigarh, under Ss. 420, 120B, 511 of IPC (Ss. 370, 467, 468 and 471 of IPC and Sec. 19 of Transplantation of Human Organs Act,1994 added later on).

(2.) Learned counsel for the petitioner submits that as per custody certificate, the petitioner is in custody for last more than 03 years and 03 months. The petitioner is not involved in any other case. The challan has already been presented and charges have already been framed. The petitioner is mother of a minor girl child.

(3.) The trial is not likely to be concluded in the near future especially when two co-accused are proclaimed offender. The maximum sentence prescribed under Sec. 19 of the Transplantation of Human Organs Act, 1994 is 10 years. As per FIR, there was preparation on the part of the petitioner and co-accused to commit the alleged offence, however, offence was not actually committed.