Mansing Chandrakant Pisal v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2367 OF 2018 Mansing Chandrakant Pisal ....Applicant V/s.

The State of Maharashtra ....Respondent Ms. Manisha Devkar for the applicant.

Ms. Pallavi N. Dabholkar, APP for the State.

H.C. Lavte, D.S. (285), Akluj Police Station. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 14th SEPTEMBER, 2018.

P.C.:

.

This is an application under Section 439 of Criminal Procedure Code filed by the aforesaid applicant, who has been arrested in C.R.No.430/2017 registered at Akluj Police Station, District Solapur for offences punishable under sections 201, 318 of the Indian Penal Code and section 5 of The Medical Termination of Pregnancy Act, 1971. 2.

Heard Ms. Manisha Devkar, learned counsel for the applicant and Ms. Pallavi N. Dabholkar, learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties.

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3.

The case of the prosecution in brief is that wife of the present applicant had undergone sonographic test. The fetus was determined as that of female child and hence, the applicant herein had forced her to undergo medical termination of pregnancy at the hospital of Dr. Tejas Gandhi.

4.

It is to be noted that the other co-accused had already been released on bail by this Court by order dated 17th April, 2018 and 22nd June, 2018. The investigation in the present crime is completed and charge sheet has already been filed. The presence of the applicant is no longer required in custody. The applicant is a permanent resident of a State and there are no chances of the applicant absconding and/or thwarting the course of justice.

5.

Considering the above facts and circumstances, the Bail Application is allowed on following terms and conditions :- (a) The applicant who has been arrested in C.R.No.430/2017 registered with Akluj Police Station, District Solapur is ordered to be released on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand only) with one or two solvent sureties in the like amount. 2/3

(b) The applicant shall not tamper with the evidence. (c) The applicant shall furnish his permanent address and temporary address, if any, and his contact details to the concerned Court. (d) The applicant shall not change his residential address without prior intimation to the concerned Court.

(SMT. ANUJA PRABHUDESSAI, J.) 3/3