Shekhar Ramdas Dhumal v. The State Of Maharashtra

2023:BHC-AS:25907

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1803 OF 2023 Shekhar R. Dhumal ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Aniket Nikam, Mr. Varad Ozarkar and Mr. Ashok Yadav i/b Mr. Amit Icham for the Applicant.

Mr. A.R. Kapadnis,APP for the Respondent/State.

CORAM

:

N. R. BORKAR, J.

DATE :

29 AUGUST 2023.

PC:- 1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No.57 of 2022 registered at Dadra Sagari Police Station for the ofences punishable under Sections 304, 308, 312, 313, 314, 323 and 498-A read with 34 of the Indian Penal Code and Sections 3 & 4 of the Medical Termination of Pregnancy Act, 1971. 3.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

1/5

4.

The deceased was the wife of co-accused Roshan Koli. According to the prosecution, the deceased was taken to the Clinic of the present applicant for abortion, as the husband and other co-accused who are relatives of the husband were suspecting that the deceased had become pregnant due to some illicit relationship. It is alleged that the applicant, who was neither registered Medical Practitioner nor was his Clinic approved for M.T.P., conducted abortion in most unscientifc manner which led to the death of the deceased. 5.

The learned counsel for the applicant submitted that the applicant is having a degree of Bachelor of Sudh Ayurvedic Medicine, which is equivalent to Degree of B.A.M.S. It is submitted that the applicant is aged about 67 years and is in jail for about 1 year and 4 months. It is submitted that further detention of the applicant is not necessary and therefore, the applicant may be released on bail.

6.

On the other hand, the learned APP submits that considering the overall facts and circumstances of the case and the way the abortion was conducted, the applicant may not be released on bail.

2/5

7.

The applicant has fled the Afdavit-cum-Undertaking. For the ease of reference, the same is scanned and reproduced below:

3/5

4/5

8.

Considering the overall facts and circumstances of the case and as the trial has not yet commenced, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in Crime No.57 of 2022 registered at Dadra Sagari Police Station for the ofences punishable under Sections 304, 308, 312, 313, 314, 323 and 498-A read with 34 of the Indian Penal Code and Sections 3 & 4 of the Medical Termination of Pregnancy Act, 1971 on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall attend the concerned police station once in a month, i.e., on frst Saturday in between 11:00 a.m. to 2:00 p.m. till conclusion of trial. (N. R. BORKAR,J.) 5/5