Allowed

Kisan S/O Haribau Garad and 2 Other v. the State of Maharashtra through Pso Ps Mehkar Dist Buldana

Bombay HC1 Oct 2024BA/888/2024

Case brief

AI extract

What is this about?

Criminal Application filed by individuals arrested for operating an illegal sonography center and conducting illegal abortions under the PCPNDT Act and Maharashtra Medical Practitioner Act. The High Court allowed bail considering the investigation was practically complete.

What did the court decide?

Applicants released on bail on executing PR Bond of Rs.25,000/- each with one solvent surety each.

Kisan S/O Haribau Garad and 2 Other Vs the… — Pension and Retirement Benefits | Bombay HC (2024)

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2024:BHC-NAG:10999

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64.ba.888.24.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

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CRIMINAL APPLICATION (BA) NO.888 OF 2024

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(Kisan s/o Haribhau Garad and ors. Vs. The State of Maharashtra)

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Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Mr. S.V. Sirpurkar, Advocate for the applicants. Ms S. Dhote, APP for the State.

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CORAM:- URMILA JOSHI-PHALKE, J. DATED :- OCTOBER 1, 2024.

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The applicants came to be arrested on 03/08/2024 in connection with Crime No.490/2024 registered with Police Station Mehkar, District Buldhana for the offence punishable under Sections 18(1), 3(1), 3(2), 3(3), 3(a), 3(b), 4(1), 4(2), 5(1)(a), 5(1)(b), 5(1) (c), 5(2), 6(a), 6(b), 6(c) of the Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection Act, 1994) and Section 33 and 36 of the Maharashtra Medical Practitioner Act, 1961.

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The crime is registered on the basis of report lodged by Dr. Swapnil Ramchandra Chavhan alleging that the applicants are belonging two different families. Prior to 4 to 5 days of the incident, the Collector, Buldana and Superintendent of Police, Buldana received secret information that, at 2 to 4 places in Mehkar town test of determining the sex of foetus as well as illegal abortion are being conducted. Thereafter, as per their orders the raid was conducted. On 03/08/2024, the dummy person was called and she was sent in the center of the present

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applicants and present applicants have treated her for the sonography and during the said procedure the applicants were intercepted. It revealed during investigation that the applicants are running the sonography center illegally without obtaining any permission and using that sonography machine for the sex determination and illegally conducted the abortions of the pregnant ladies. On the basis of said report, police have registered the crime against the present applicants. During investigation, the sonography machines of the present applicants are sealed as well as the Nidan Sonography and Diagnostic Center is also sealed.

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Heard learned Counsel for the applicant who submitted that as far as the offences alleged against the present applicants are concerned which are punishable with imprisonment upto 5 years. Now, approximately 58 days are passed, no charge-sheet is filed. As far as the further incarceration of the present applicants is concerned which is not required. The offences alleged are not punishable with imprisonment more than 7 years. There is no notice issued to the applicants before the arrest, and therefore, there is no compliance under Section 41 of the Code of Criminal Procedure. Considering all these aspects and now further incarceration is not required, they be released on bail.

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Learned APP strongly opposed the application and submitted that the applicants were running the illegal

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64.ba.888.24.odt

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sonography center and conducting the abortions illegally. If they are released on bail they would continue with the similar activities, and therefore, the application deserves to be rejected.

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I have heard learned Counsel for both the parties. Perused the investigation papers from which it reveals that the applicants were found involved in running the illegal sonography center and diagnostic center as well as they also involved in conducting the illegal abortions, therefore, the raid was conducted. During raid the sonography machines as well as the center is already sealed. It appears that the investigation is practically completed though charge-sheet is not filed. Considering the offences alleged are punishable with imprisonment of 5 years, the applicants are behind bar for the sufficient period, their further incarceration is also not required. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order:

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(i) The application is allowed.

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(ii) The applicants – 1) Kisan s/o Haribhau Garad, 2) Ganesh s/o Shivaji Sultane and 3) Vinod s/o Waman Thokal in connection with Crime No.490/2024 registered with Police Station Mehkar, District Buldhana for the offence punishable under Sections 18(1), 3(1), 3(2), 3(3), 3(a), 3(b), 4(1), 4(2), 5(1) (a), 5(1)(b), 5(1)(c), 5(2), 6(a), 6(b), 6(c) of

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64.ba.888.24.odt

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the Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection Act, 1994) and Section 33 and 36 of the Maharashtra Medical Practitioner Act, 1961, be released on bail on executing a P.R.Bond in the sum of Rs.25,000/- each with one solvent surety each, in the like amount.

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(iii) The applicants shall attend the concerned police station as and when required for the investigation purpose and shall cooperate with the investigating agency.

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(iv) The applicants shall not directly or indirectly make any inducement and threat or promise to any person acquainted with the facts of the present case as well as the victim.

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(v) The applicants shall not indulge themselves in running such type of illegal centres and such type of the activities.

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(vi) On revealing their involvement in the similar type of the activities the bail granted to the applicants deserves to be cancelled.

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The contravention of any of the condition imposed by this Court would lead to cancellation of bail.

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The application is disposed of.

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*Divya

Kisan S/O Haribau Garad and 2 Other v. the State of Maharashtra through Pso Ps Mehkar Dist Buldana

Case brief

What is this about?

What did the court decide?

Kisan S/O Haribau Garad and 2 Other v. the State of Maharashtra through Pso Ps Mehkar Dist Buldana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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