Case Note & Summary
The judgment involves three connected criminal applications arising from the same set of facts. The first application (Cri. Appln. No. 3350/2013) was filed by Dr. Saraswati Mundhe seeking bail in R.C.C. No. 163/2012, which was filed by the Appropriate Authority for offences under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act), including sections 3-A, 4(5), 5, 6, 8, and 19, along with the Rules. The second application (Cri. Appln. No. 4774/2012) was filed by the State of Maharashtra seeking cancellation of bail granted to Dr. Saraswati Mundhe by the Additional Sessions Judge, Ambajogai, District Beed, in connection with C.R. No. 42/2012 registered at Parli City Police Station. The chargesheet in that crime included offences under sections 304, 312, 314, 315, 316, and 201 read with 34 of the Indian Penal Code (IPC), as well as sections 3, 4-B, and 6 of the Medical Termination of Pregnancy Act, 1971 (MTP Act), and provisions of the PCPNDT Act. The third application (Cri. Appln. No. 1055/2013) was filed by Dr. Sudam Mundhe seeking bail in the same C.R. No. 42/2012, where a chargesheet had been filed against him as well. The court heard all parties and disposed of the applications by a common judgment. The court noted that the chargesheet had been filed in both matters and that the trial would take time. Considering the nature of the offences and the fact that the applicants were medical practitioners, the court granted bail to both Dr. Saraswati Mundhe and Dr. Sudam Mundhe on certain conditions. The court also dismissed the State's application for cancellation of bail, finding no grounds to cancel the bail granted to Dr. Saraswati Mundhe. The court emphasized that the bail was not misused and that the Sessions Court's order was not perverse.
Headnote
A) Criminal Procedure - Bail - Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 - Sections 3-A, 4(5), 5, 6, 8, 19 - Medical Termination of Pregnancy Act, 1971 - Sections 3, 4-B, 6 - Indian Penal Code, 1860 - Sections 304, 312, 314, 315, 316, 201, 34 - The court considered bail applications for offences under the PCPNDT Act and MTP Act, along with IPC offences. The court held that the applicants were entitled to bail as the chargesheet was filed and the trial would take time, and the State's application for cancellation of bail was dismissed as there was no misuse of bail. (Paras 1-10) B) Criminal Procedure - Cancellation of Bail - Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 - The State sought cancellation of bail granted to Dr. Saraswati Mundhe. The court dismissed the application, noting that the bail was granted by the Sessions Court and there was no material to show that the applicant had misused the bail or that the bail order was perverse. (Paras 2-10)
Issue of Consideration
Whether the applicants are entitled to bail under the PCPNDT Act and MTP Act, and whether the State's application for cancellation of bail should be allowed.
Final Decision
The court granted bail to Dr. Saraswati Mundhe and Dr. Sudam Mundhe on certain conditions, and dismissed the State's application for cancellation of bail.
Law Points
- Bail in PCPNDT Act cases
- Bail in MTP Act cases
- Cancellation of bail
- Prima facie case
- Gravity of offence
- Section 304 IPC
- Section 312 IPC
- Section 314 IPC
- Section 315 IPC
- Section 316 IPC
- Section 201 IPC
- Section 34 IPC
