Ganesh Sundarrao Gade v. The State Of Maharashtra

37-BA.251-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 37 BAIL APPLICATION NO.251 OF 2023 GANESH SUNDARRAO GADE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Hange Rajendra G., Mr. Hange Anirudh R.

APP for Respondent-State : Mr. S. B. Narwade. ...

CORAM : S. G. MEHARE, J.

DATE : 20.02.2023 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is the husband of the deceased. The deceased died of profound bleeding after the illegal termination of pregnancy.

3.

Perusal of the record reveals that the applicant has not played an active role in an illegal abortion of his wife. Nothing is to be recovered from him. Considering the nature of the offence and absence of active role of the applicant in the case, he deserves bail. Hence, the following order :

37-BA.251-23.odt

O R D E R

(i) Bail Application is allowed.

(ii) Applicant GANESH SUNDARRAO GADE be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount, in Crime No.70 of 2022, registered by Police Station Pimpalner, District Beed, for the offences punishable under Sections 304, 312, 314, 315, 316, 420, 201 read with Section 34 of the IPC, Section 3, 4(B), 5 of Medical Termination of Pregnancy Act and Section 3, 3(A), 5, 6, 23, 25 of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act on the condition not to tamper with the prosecution witnesses.

(S. G. MEHARE, J.) ...

vmk/-