Jayashri Anand Doshi v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.03.09 16:47:36 +0530 INTERIM APPLICATION NO.1516 OF 2020 BALAJI GOVINDRAO PANCHAL IN CRIMINAL BAIL APPLICATION NO.11 OF 2019 Jayshree Anand Doshi ..Applicant

Versus

The State of Maharashtra ..Respondent Ms. Manisha Devkar a/w Shankar Katkar, for the Applicant. Smt. P. N. Dabholkar, APP for the Respondent/State. Mr. S. S. Patkulkar, Head Constable, Velapur Police Station - present.

CORAM : NITIN W. SAMBRE, J.

DATE : 8th MARCH, 2022 P.C.

1.

After arrest of the applicant on 21st June, 2018 in Crime No.129 of 2018 for the offence punishable under Sections 312, 315, 201, 212 r/w 34 of the IPC and Section 5 of the Medical Termination of Pregnancy Act, 1971 registered with Velapur Police Station, District Solapur, this Court vide order dated 31st January, 2019 permitted her release as the applicant has furnished an undertaking that she shall remain outside the revenue jurisdiction of Solapur district and also shall not practice her medical profession. 2.

This application is taken out by the applicant for relieving her from her undertaking as was furnished before this Court to the aforesaid extent which was one of the consideration of

ordering the release.

3.

Prayer for modification of the bail condition is opposed by the learned APP on the ground of grave nature of charge against the applicant.

4.

I have considered submissions.

5.

On instructions, counsel for the applicant has restricted the prayer only to the extent of permission to the applicant to enter into revenue jurisdiction of Solapur district, however, has not pressed the prayer for permitting her to medical profession. 6.

The fact remains that since almost four years, applicant is outside the revenue jurisdiction of Solapur district. Liberty enjoyed by the applicant after release on bail on 31st January, 2019 is not misused as no complaints or objections to that effect are received from the prosecution side.

7.

The claim of the applicant appears to be she should be permitted to enter into revenue jurisdiction of Solapur district, so as to take care of minor children and ailing parents. 8.

It is also informed that applicant has immovable property within the jurisdiction of Solapur district. 9.

As such, in my opinion, case for consideration and grant

of relief to the extent of release/relax the applicant from her undertaking to the limited extent of permitting her to enter into the revenue jurisdiction of Solapur district is made out. 10.

As such, order of grant of bail stands modified. The condition (ii) whereby the undertaking is given by the applicant that she shall not enter into the revenue jurisdiction of Solapur district till the conclusion of trial stands relaxed.

11.

The applicant is permitted to entered into revenue jurisdiction of Solapur district where the trial is pending. 12.

Needless to clarify that applicant shall attend the said trial regularly.

13.

The application stands allowed in above terms. [NITIN W. SAMBRE, J.]