Bali @ Manish Fulchand Bankar vs The State Of Mah on 20 April, 2020

[Cites 0, Cited by 0]

Bombay High Court

Bali @ Manish Fulchand Bankar vs The State Of Mah on 20 April, 2020

Bench: Prasanna B. Varale

                                             (1)                               10555.20wpst

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                    WRIT PETITION (ST.)NO.10555 OF 2020


Bali @ Manisha Fulchand Bankar,
Age: 24 years, Occ: Labour,
R/o. Domegaon Post, Yesgaon,
Tq. Gangapur, Dist. Aurangabad                                             PETITIONER

                     VERSUS

The State of Maharashtra,
Through its Secretary,
Public Health Department,
Mantralaya, Mumbai-32 & ors.                                               RESPONDENTS

Mr E. S. Murge, Advocate for petitioner;
Mr S. S. Dande, A.G.P. for respondents/State

                                     CORAM :       PRASANNA B. VARALE, J.

                                     DATED :       20th APRIL, 2020
ORAL ORDER:

By order dated 15th April, 2020, this Court (Corum: Ravindra V. Ghuge, J.) permitted the petitioner to undergo medical examination on 17th April, 2020 on the backdrop of a prayer made in the petition seeking directions for termination of pregnancy of the petitioner, who is carrying pregnancy of more than twenty ::: Uploaded on - 20/04/2020 ::: Downloaded on - 21/04/2020 07:22:01 ::: (2) 10555.20wpst weeks. In the order dated 15 th April, 2020, this Court was pleased to observe that the Medical Board shall examine the petitioner and express an opinion as regards

(a) whether, the fetus has any congenital defect or is likely to lead to the birth of a child, who would suffer from congenital anomaly of the heart and (b) whether, in the opinion of the Medical Board, the termination of pregnancy is necessary and would not cause any risk to the life of the petitioner. The Medical Board shall tender it's report in a sealed envelope to the learned Registrar (Judicial) of this Court at or before 03.00 PM on 20.04.2020 (Monday).

2. Today, Mr. Dande, learned A.G.P. made available Expert Committee report dated 18th April, 2020 duly signed by all eight members of the Medical Board.

3. On thorough examination of the petitioner as well as in view of the obstetric sonography report and on obstetric ultra sonography dated 17th April, 2020, the ::: Uploaded on - 20/04/2020 ::: Downloaded on - 21/04/2020 07:22:01 ::: (3) 10555.20wpst findings are noted by the Expert Committee and same are as follows :

I) Length of Pregnancy : Gestational Age of 20 weeks 05 days.

II) Single live intrauterine gestation with congenital pulmonary airway malformation in left lung causing dextroposition of heart.

III) Tiny echogenic focus in left ventricle.

Taking into consideration the above findings-

a) There is congenital defect of lung.

b) This Committee does not recommends termination of pregnancy as defect is treatable surgically after birth.

4. In view of the clear and unequivocal findings referred to in clause III (b), the prayer made in the petition cannot be considered. The petition, as such, ::: Uploaded on - 20/04/2020 ::: Downloaded on - 21/04/2020 07:22:01 ::: (4) 10555.20wpst thus fails and same is accordingly dismissed.

[PRASANNA B. VARALE,J.] Tupe ::: Uploaded on - 20/04/2020 ::: Downloaded on - 21/04/2020 07:22:01 :::

Unlock Advanced Research with PRISMAI

Bombay High Court