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P&H HC refuses advance bail after video clip identifies person removing body from morgue

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New Delhi: The Punjab and Haryana High Court has refused to give pre-arrest bail to a woman. The woman had locked some medical and para-medical staff and some members of her team inside a room and had then removed a body from the morgue. 

Justice Tejinder Singh Dhindsa heard the anticipatory bail application of Sandeep Kaur, the woman against whom an FIR was registered under Sections 297/454/353/186/342/270/120-B/ 188 IPC, Section 4 of the Prevention of Damage to Public Property Act, 1984 and Section 51 of the Disaster Management Act, 2005, at Police Station City Barnala.

The allegations leading to registration of FIR are that a group of persons locked certain staff of medical and para-medical team inside a room and thereafter removed the body of one Balwinder Singh from mortuary.

On the previous date of hearing the counsel for the petitioner had made a submission that the petitioner is not related to the person whose body was taken away from the mortuary and that the FIR has been lodged against unknown and unrelated persons.

The Punjab and Haryana High Court on the previous date had directed the state counsel to file a reply as regards the link evidence on the basis of which the present petitioner, who is a lady, is being nominated as an accused.

Eventually, the court received an answer from the state via e-mail. The court said that as per the state’s reply a video clip of the incident was recorded in which the present petitioner was duly identified.

covid-19

“That apart, the counsel for the petitioner himself has taken a somersault today and concedes that Balwinder Singh, whose body was removed from the mortuary, is the first cousin of the petitioner,” noted by the court in its order.

The court said: “Under the prevalent Covid-19 pandemic for any person to behave in such an irresponsible manner needs to be deprecated in strong terms. The medical and para-medical staff in the state of Punjab as also across the country are working round the clock to fight the pandemic.

The Court also commented that, there is a certain protocol to be observed regarding conduct of ‘Covid test’ and in the eventuality of there being a ‘Covid’ death, certain precautionary measures have to be followed.

Further, as per allegations, the present petitioner was part of a group which removed a body from the mortuary. That body was of her cousin.

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The Court also observed that according to the investigating agency, the Petitioner’s presence while removing the body is recorded in the CCTV footage. In such Circumstances, the Petitioner’s Plea seeking concession of Anticipatory bail rejected.  

Read the order here;

CRM-M_22567_2020_19_08_2020_FINAL_ORDER-1

– India Legal Bureau

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