Vidya Radhakrishna Labade v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2245 OF 2022 Vidya Radhakrishna Labade ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Ms. Pushpa Ganediwala alongwith Mr. Yashwardhan Tiwari and Mr. Ashu Agarwal for the Applicant.

Mr. Amit Palkar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 16 MARCH 2023 P.C. :- .

This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail. 2.

On 22 August 2022, this Court passed the following order : "1.

The Applicant herein has filed this application for pre-arrest bail in Crime No.187 of 2022 registered with Vishrantwadi Police Station, District-Pune City, for offences punishable under Section 33 of the Maharashtra Medical Practitioners Act, 1961.

2.

The allegation against the Applicant, who is a qualified nurse, is that she has been prescribing alopathic medicines to the patients. Learned counsel for the Applicant states that the Applicant is ready to co-operate with the investigation.

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3.

Considering the fact that the maximum punishment is of five years, the Applicant is ordered to be released on interim bail. Hence, the following order :- (i) In the event of arrest of the Applicant in Crime No.187 of 2022 registered with Vishrantwadi Police Station, District-Pune City, the Applicant is ordered to be released on interim bail on furnishing bail bonds in the sum of Rs.15,000/- with one or two sureties to the like amount;

(ii) The Applicant shall report to the concerned Investigating Officer for three days with effect from 24/08/2022 from 10.00 a.m. to 1.00 p.m.

(iii) The Applicant shall keep the Investigating Officer informed of her current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

(iv) The Applicant shall not tamper with the evidence and/or interfere with the witnesses in any manner. 7.

Stand over to 05/09/2022."

3.

The applicant has filed an undertaking dated 10 February 2023. For ease of reference the said undertaking is scanned and reproduced hereunder :

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4.

Considering the overall facts and circumstances of the case and in view of the undertaking filed by the applicant and as there are no other criminal antecedents of the similar nature, I am inclined to allow the present application. In the result, the following order is passed : (i) Interim order passed by this Court dated 22 August 2022 is hereby confirmed.

(ii) Application is disposed of.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:

2023.05.08 17:19:31 +0530 KANCHAN PRASHANT DHURI 6 / 6