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2021 DIGILAW 1763 (BOM)

Vilas v. State of Maharashtra Thr. Pso Ps Washim (city), Tah. And Dist. Washim

2021-12-16

ROHIT B.DEO

body2021
JUDGMENT Rohit B. Deo, J. - The applicant is arraigned as accused in Crime 1228/2021 registered with Police Station Washim (City), District Washim for offences punishable under Sections 315, 511, 419 read with Section 34 of the Indian Penal Code and Sections 3, 4 and 5 of the Medical Termination of Pregnancy Act. 2. At the very outset, the learned counsel for the applicant Mr. Kadu submitted that since the co-accused whose hospital was raided is released on bail, on the principle of parity the applicant is entitled to similar relief. 3. In response, the learned APP Mrs. Deshpande would submit that the applicant has been indulging in soliciting patients and actively assisting or abetting illegal abortions and there is room to suspect that he may be involved in female infanticide. Mrs. Deshpande points out that further investigation is ongoing and certain incriminatory material including sonography test report etc. is extracted from the mobile phone of the applicant which is seized. Mrs. Deshpande is seriously opposing grant of bail. Her submission is that the principle of parity has no application. 4. The learned counsel for the applicant Mr. Kadu submits that the applicant is ready to extend utmost cooperation to the investigating agency and is ready to attend the police station every day till the next date of hearing, if he is released on temporary bail. In support of the prayer for temporary bail Mr. Kadu points out that the minor daughter of the applicant is handicapped and that the documentary material in support of such handicap shall be placed on record on the next date of hearing. 5. Considering the willingness expressed to fully cooperate with the Investigating Officer in the further investigation which is ongoing, I am inclined to grant temporary bail to the applicant till 23.12.2021 with the caveat that the applicant shall abide by the assurance to fully cooperate with the Investigating Officer. 6. The applicant be released from custody on temporary bail subject to he furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) to be executed before the jail authority. 7. The applicant shall not make any attempt to influence the witnesses or otherwise to obstruct further investigation. 8. The applicant shall attend Police Station Washim (City), District Washim from 11:00 a.m. to 02:00 p.m. everyday while on temporary bail and shall extent unqualified cooperation to the Investigating Officer. 9. 7. The applicant shall not make any attempt to influence the witnesses or otherwise to obstruct further investigation. 8. The applicant shall attend Police Station Washim (City), District Washim from 11:00 a.m. to 02:00 p.m. everyday while on temporary bail and shall extent unqualified cooperation to the Investigating Officer. 9. The applicant shall not leave the country without the permission of the jurisdictional court. 10. Stand over to 23.12.2021.