Bombay High Court
Dr. Sunil S/O. Balasaheb Pote vs The State Of Maharashtra on 30 April, 2019
Author: V.K. Jadhav
Bench: V.K. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO.470 OF 2019
RAJENDRA KASHINATH SAVANT
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr R S Shinde h/f Chatterji
Joydeep
APP for Respondent : Mr S G Karlekar
...
WITH
BAIL APPLICATION NO. 479 OF 2019
NAIMODDIN S/O RAFIQ SHAIKH
VERSUS
THE STATE OF MAHARASHTRA.
...
Mr V D Sapkal advocate for applicant.
Mr. S G Karlekar APP for respondent.
...
WITH
BAIL APPLICATION NO.504 OF 2019
DR. SUNIL S/O BALASAHEB POTE
VERSUS
THE STATE OF MAHARASHTRA.
...
Mr S.G. Ladda advocate for the applicant.
Mr. S G Karlekar APP for respondent State.
...
CORAM : V.K. JADHAV, J.
Dated: April 30, 2019
...
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PER COURT :-
1. The applicants in all these bail applications
are seeking regular bail in connection with Crime
No.0011 of 2019 registered with Osmanpura Police
Station, District Aurangabad for the offences punishable
under sections 315, 201, 417, and 34 of IPC, u/s 23 of
PCPNDT Act, u/s 27, 37, 33, 41 of Medical Practitioners
Act and u/s 27(B) (2), 18 © of Drugs and Cosmetics Act
and u/s 5 (2) (3) (4) of Medical Termination of Pregnancy
Act. Their applications with similar prayer bearing Bail
petition no.659/2019, 724/2019 and 647/2019 came to
be rejected by the learned Additional Sessions Judge,
Aurangabad.
2. Learned counsel for the applicants submits
that Dr. Amarjyoti Jayant Shinde has lodged the report
alleging therein that as per the secret information, on
22.1.2019 at about 13.00 hours she alongwith other
staff members of the Municipal Corporation,
Aurangabad effected sting operation in one 'Pratyaya
Apartment, Osmanpura. When they knocked the door of
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the room in said apartment, one woman had opened the
door. They shown her search warrant. Then she
knocked the door of inside room. One Kalyani Gore
opened the door of the closed room from inside. She
had disclosed to them that she is pregnant of three and
half months and was brought there by her relatives for
sex determination of foetus. Even, said team had found
one ultra-sound Sonography Machine and one prob.
Said victim had disclosed that co-accused Suraj Rana
had accepted certain amount for the sex determination
by testing it on unauthorized Sonography Machine.
3. Learned counsel for the applicant in BA
No.504 of 2019 submits that, name of the applicant is
not mentioned in the FIR, however, during the course of
the investigation, certain pills came to be recovered from
his clinic. Those pills are used for the purpose of
abortion. The applicant came to be arrested on the
basis of the disclosure made by co-accused Dr. Rana.
There is no material at all to invoke section 315 of the
IPC. Penal provisions of section 315 of the IPC are
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attracted if the act done with intent to prevent child
being born alive or to cause it to die after birth. In the
instant case, admittedly, the child is very much alive in
the womb. There is no material against the applicant to
invoke the provisions of Pre-Conception and Pre-Natal
Diagnostic Techniques, Act 1994 (for short PCPNDT
Act). There is no criminal history. The applicant has a
fixed place of residence. He has his own clinic. He is
easily available for trial. He may be released on bail.
4. The learned counsel for the applicant in BA
No. 479 of 2019 submits that name of the present
applicant came to be disclosed by co-accused Dr. Suraj
Rana. Name of the applicant is not mentioned in the
FIR, nor any specific role has been attributed to him.
The applicant is not a medical practitioner. It has been
alleged that the applicant runs a hospital named and
styled as 'New Life Hospital,' Aurangabad and he used
to send patients for sonography to other doctors. There
is no evidence to that effect. The applicant may be
released on bail.
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5. The learned counsel for the applicant in BA
No.470 of 2019 submits that, the applicant is not
involved in the sex determination of the victim Kalyani's
foetus and even the provisions of Section 315 of IPC are
not attracted because foetus is still alive. The applicant
is a Lab Technician. The applicant has been arrested
solely on the basis of the statement of co-accused Rana.
There is nothing else to connect him with the alleged
crime. The applicant is handicapped to the extent of
40% in the form of loss of vision. The applicant may be
released on bail.
6. Learned APP has strongly resisted all the
applications on the ground that, prima facie, there is
strong evidence against all the applicants. The
applicants were assisting co-accused Dr. Suraj Rana.
Co-accused Suraj Rana used to carry out the sex
determination test illegally. These applicants were
assisting him in the manner as revealed during the
course of the investigation. The applicants may not be
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released on bail.
7. On going through the allegations made in the
complaint and on perusal of the charge-sheet, prima
facie, it appears that the applicants can hardly be
connected with the offence punishable under section
315 of IPC. So far as the other offences alleged to have
been committed by them are concerned, those offences
are not punishable with death or imprisonment for life.
Investigation is over and charge sheet has been
submitted. All the applicants are having fixed place of
residence and they are easily available for trial. Their
further detention is unwarranted and uncalled for.
Thus, considering the entire aspect of the case and
considering the role ascribed to each of the applicants, I
am inclined to grant bail to them on certain conditions.
Hence, following order.
ORDER
1. Bail application Nos.470 of 2019, 479 of 2019 and 504 of 2019 are hereby allowed.
2. The applicant Rajendra Kashinath Savant in aaa/-
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a] The applicants shall not tamper with the prosecution evidence in any manner.
3. Application is accordingly disposed off.
( V.K. JADHAV, J. ) ...
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