Bombay High CourtBA/134/2016rejected

Jeevan S/O Sopan Das (In Jail) v. State Of Maharashtra, Through P.S.O. P.S. Kardha, Bhandara

2016-03-29Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba134.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.134/2016 Jeevan s/o Sopan Das ..Versus..

State of Maharashtra, through Police Station Officer, P.S. Kardha, Distt. Bhandara - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 29.3.2016 Heard Shri Rahul Khaparde, advocate for the applicant and Shri R.S. Nayak, A.P.P. for the non-applicant. The applicant is arrested in crime registered against him and five others for the offence punishable under Section 302, 304, 312, 314, 201 and 34 of the Indian Penal Code and under Section 33 and 36 of the Medical Practitioners Act.

The accusations against the applicant are that though he is not qualified, he has given certain medicines to deceased to terminate the pregnancy because of which the condition of deceased had deteriorated and then she was taken to the house of co-accused Smt. Bayabai Ilamkar.

It is alleged that after the death of victim, the son of co-accused Smt. Bayabai Ilamkar and the applicant had thrown

2 ba134.16 body of deceased in forest, wrapping it in a gunny-bag. The learned advocate for the applicant referred to the report given by the complainant in which it is stated that son of Smt. Bayabai Ilamkar had disposed the body of deceased. The applicant claims to be holding B.E.M.S. qualification i.e. Bachelor in Electrohomeopathy Medical Science. Considering the nature of accusations against the applicant and the nature of offence, I am not inclined to consider the prayer of the applicant at this stage. The application is rejected. JUDGE Tambaskar.