Dr Shantaram Sitaram Nighute v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1070 OF 2017 Dr. Shantaram Sitaram Nighute, Age: 61 years, Occ: Medical Practitioner, R/o. New Nagar Road, Sangamner, Tq. Sangamner, Dist. Ahmednagar.

..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr R.N. Dhorde, Senior Advocate i/b Mr V.R. Dhorde, Advocate for applicant;

Mr S.J. Salgare, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 3rd MARCH, 2017 ORAL ORDER :

In Crime No. I-35 of 2017, registered with Sangamner City Police Station, District Ahmednagar, for offences punishable under Section 3(2)(B) and 5 of the M.T.P. Act and under Sections 312, 313, 315, 511, 201 of the Indian Penal Code, the applicant is seeking regular bail.

2.

On 9th February, 2017 the applicant came

(2) to be arrested and was subjected to custodial interrogation.

3.

Perused the investigation papers. The investigation is at advanced stage. Custodial interrogation of the applicant is over.

4.

Looking to the nature of allegation in the first information report, attraction of offence punishable under Sections 313 and 315 of the Indian Penal Code is under doubt. Maximum punishment provided for the offence punishable under Section 313 of the Indian Penal Code is imprisonment for seven years.

5.

Categorical statement is made by learned Counsel for the applicant, upon instructions, that till filing of the charge sheet, the applicant shall not indulge in any professional activity. In view thereof, application needs to be allowed. As such, the following order is passed :-

(3) (i) The applicant be released on bail in Crime No. I-35 of 2017, registered with Sangamner City Police Station, District Ahmednagar, for offences punishable under Section 3(2)(B) and 5 of the M.T.P. Act and under Sections 312, 313, 315, 511, 201 of the Indian Penal Code, upon furnishing P.R. bond of Rs.15,000/- with one or two sureties in the like amount.

(ii) The applicant shall attend the Investigating Officer as and when called for. (iii) The applicant shall not influence the prosecution witnesses or tamper with evidence. 6.

Criminal Application stands allowed in above terms.

(N.W. SAMBRE, J.) Tupe