REKHA SENGAR versus STATE OF MADHYA PRADESH

REKHA SENGAR versus STATE OF MADHYA PRADESH

Bail was denied and the High Court order upheld because there was a prima facie case against the petitioner based on the sting operation, acceptance of money, seizure of an unregistered ultrasound machine and medical instruments, the non-bailable character of offences under the PC&PNDT Act, and the petitioner's more active alleged role compared to the co-accused, negating parity.

Parties
Petitioner: Rekha Sengar; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
21 January 2021
Procedural Posture
Special Leave Petition (criminal) No.380 of 2021 / Appeal From High Court Order Denying Bail Under Section 439, Cr.p.c.
Outcome
Special Leave Petition dismissed; impugned High Court order denying bail upheld.
Legal Topics
Bail, Pre Natal Sex Determination, Pc&pndt Act, Non Bailable Offences
Criminal Law Medical/health Regulation Bail Pre Natal Sex Determination Pc&pndt Act Non Bailable Offences

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Parties

Rekha Sengar

Petitioner

State of Madhya Pradesh

Respondent

Procedural Posture

Special Leave Petition (criminal) No.380 of 2021 / Appeal From High Court Order Denying Bail Under Section 439, Cr.p.c.

Legal Issues

  1. 1 Whether bail should be granted in a non-bailable offence under the PC&PNDT Act
  2. 2 Whether there is a prima facie case against the petitioner based on the sting operation and seizures
  3. 3 Whether the petitioner is entitled to parity with a co-accused who was granted bail

Ratio Decidendi

Bail was denied and the High Court order upheld because there was a prima facie case against the petitioner based on the sting operation, acceptance of money, seizure of an unregistered ultrasound machine and medical instruments, the non-bailable character of offences under the PC&PNDT Act, and the petitioner's more active alleged role compared to the co-accused, negating parity.

Court Disposition

Special Leave Petition dismissed; impugned High Court order denying bail upheld.

Orders

  • Impugned order of the High Court dated 07.12.2020 denying bail is upheld
  • Special Leave Petition dismissed