Bombay High CourtBA/560/2017allowed

Vidya D/O. Bhanudas Thorat (In Jail) v. State Of Maharashtra Thr. Police Station Officer Gadgenagar, Tq. And Dist. Amravati

2017-07-31Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba560.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 560 OF 2017 (VIDYA D/O BHANUDAS THORAT...VS...STATE OF MAH. THR. P.S.O. PS GADGENAGAR, TAH & DIST.AMRAVATI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anil S. Mardikar, Sr. Advocate, Assisted by Miss. Akshaya M. Kshirsagar, Advocate for Applicant.

Shri V. A. Thakre, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 31 st JULY, 2017.

The applicant is arrested in connection with Crime No.346 of 2017 registered by the non-applicant against three persons (including the applicant) for offence punishable under Section 304 read with Section 34 of the Indian Penal Code.

The accusations against the applicant are that while discharging her duty as Nurse, she had been negligent and gave injection of Potassium Chloride to four newly born babies because of which they died.

The learned Senior Advocate has submitted that the investigation is complete, charge-sheet is filed, co-accused Dr. Bhushan Katta is released on bail as per the order passed by this Court and co-accused Preeti Jamnik (another Nurse) is also released on bail as per the order passed by Sessions Court. It is stated that the applicant is not involved in any other crime/offence.

2 ba560.17 Considering the facts of the case and that the applicant is woman aged about 30 years, following order is passed :

The applicant having been arrested in connection with Crime No.346 of 2017 registered by the non-applicant, she be released on bail on executing P. R. Bond for Rs.25,000/- and furnishing two solvent sureties in the like amount.

The applicant shall regularly attend the trial before the Sessions Court unless granted exemption by the Sessions Court.

The application is allowed accordingly.

JUDGE PBP