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Ashwini Suhas Jadhavar @ Ashwini Hiralal Gaikwad v. The State Of Maharashtra

2020-02-20Hon'Ble Smt. Justice S.S. Jadhav2 pages

1 appp-201.19 - 4.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.201 OF 2019 IN CRIMINAL BAIL APPLICATION NO.939 OF 2018 Dr. Ashwini Suhas Jadhavar ... Applicant Vs.

The State of Maharashtra ... Respondent Mr. V.S. Talkute for the Applicant.

Mr. P.H Gaikwad - Patil, APP for the Respondent - State. CORAM : SMT. SADHANA S. JADHAV, J.

DATE : 20th FEBRUARY 2020.

P.C.:

The applicant is an accused in Crime No.114 of 2018 registered at Sangola Police Station for the offences punishable under sections, 312, 315 and 201 r/w 34 of Indian Penal Code and under section 5 of the Medical Termination of Pregnancy Act, 1971. By an order dated 4th June 2018, this Court had held that the applicant shall give an undertaking to the Medical Council as well as Civil Surgeon, Solapur that she would not practice in medicine at Solapur or any other place till conclusion of the trial. The applicant is seeking relaxation of the said condition.

2 appp-201.19 - 4.odt The learned counsel for the applicant submits that for the past two years, the applicant has abided by the said condition and it is not likely that the trial would end in near future. In any case, the said condition can be relaxed with a rider.

The Maharashtra Medical Council shall issue notice to the applicant and hold an inquiry as contemplated under section 22 of the Maharashtra Medical Council Act, 1965 and upon conclusion of the inquiry, may take appropriate action in accordance with law. With these observations and modification, clause (iii) of the operative order dated 4th June 2018 is recalled. Application is disposed of. (SMT. SADHANA S. JADHAV, J.)