Allowed

Dr Triveni W/O Mahesh Wadnerkar v. State of Maharashtra Pso Kamptee Police Station Distt Nagpur

Bombay HC29 Aug 2012ABA/285/2012

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Nagpur Bench allowed an application for anticipatory bail. The applicant, a medical practitioner, feared arrest for purchasing medical kits used for abortion. The court granted bail pending investigation.

What did the court decide?

Anticipatory bail allowed; applicant to be released on bond of Rs. 10,000 with one surety in like amount, to report to Investigating Officer once in two weeks for one month.

application for anticipatory bail, preferred by the applicant, a medical practitioner. She is apprehending arrest in the matter of Crime No.96/2012, registered on 27.6.2012 for the offences punishable under Sections 420, 468, 471 r/w Section 34 of Indian Penal Code and also for

2.It appears that the First Information Report has been lodged by the Drugs Inspector with Kamptee Police Station, mentioning that during the raid conducted on one medical shop, namely Roop Agency, certain medical kits usually used for the

abortion, were found and it was further revealed that one medical representative had purchased the same for and on behalf of some medical practitioners including the present applicant and relevant invoices and vouchers were seized. As per the averments in the FIR the said kits including 12 kits purported to be purchased for and on behalf of the present applicant, were found in the said medical shop and were seized. Total 102 kits were found and names of different medical practitioners including the present applicant, were involved as these names were appearing in the invoices. Thereafter, the consulting place of the present applicant was visited by the investigating agency during the investigation of the said crime. However, at that time the applicant was not found. Hence, it was presumed that she was absconding and not co-operating with the police machinery. Apparently, the alleged purchase on behalf of the applicant was by way of cash payment made by the co-accused i.e. medical representative to the owner of the medical shop. During the search of the consulting premises of the applicant nothing incriminating was found so as to substantiate her involvement in the offences alleged in the FIR. 3.On perusal of the affidavit-in-reply filed by the Investigating Officer in paragraph no.2 it is specifically mentioned that the present applicant is not arrayed as accused in the present

matter. However, if her name will subsequently appear as involved in the offence, she may be joined as accused. Further in paragraph no.4 of the affidavit it is mentioned that the applicant may be directed to co-operate in the investigation and to supply the necessary documents to the investigating agency about the alleged purchase of kits by her, as apparent from the invoices found during the raid in the medical shop. In view of such contents of the affidavit and in view of the case of the prosecution and considering the factual position as above, it is the case in which the relief as prayed is required to be granted and hence, the present application is allowed with the following order.

(i)In the event of arrest of the applicant in Crime No.96/2012 she shall be released on bail on her executing P.R. Bond in the sum of Rs.10,000/- (Rupees Ten Thousand Only) with one surety in like amount.

(ii)In the event of such arrest and on availing the bail, the applicant shall attend once in first two weeks and thereafter once in second two weeks on the dates and time fixed by the Investigating Officer. Such attendance is required only for a month and not thereafter.

Dr Triveni W/O Mahesh Wadnerkar v. State of Maharashtra Pso Kamptee Police Station Distt Nagpur

Case brief

What is this about?

What did the court decide?

Dr Triveni W/O Mahesh Wadnerkar v. State of Maharashtra Pso Kamptee Police Station Distt Nagpur

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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Case details

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