SUHAS VITTHAL HATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for anticipatory bail by a Doctor, who is alleged to have terminated the pregnancy of victim without her consent at the instance of her rapist. The allegation is that the victim who has been raped from time to time by one Santosh, claimed to be a Sarpanch of village, became pregnant. On the pretext of getting victim medically checked up, said Santosh took the victim from her house to the dispensary of present applicant. Present applicant has a regular registration for carrying out termination of pregnancy.

(2.) '' The victim claimed to have been checked up and she found that the pregnancy had been terminated without her consent and this has happened in the year 2007. A report was made in the year 2010. In the meantime the victim was working as a maid in somebody's house at Mumbai. According to learned APP, investigation is complete and chargesheet against four other persons who are alleged to have been involved, has been filed.

(3.) '' In the context of the fact that a report of above incident of termination of pregnancy in the year 2007, has been made in the year 2010 also the fact that the investigation in respect of offence against four other accused persons has been complete and chargesheet has been filed, the applicant's being in custody for the purpose of taking sample of his hand writing or other purpose may not be necessary. Hence in the event of arrest of applicant in CR No.I-32 of 2010 registered at Mahad Taluka Police Station for the offence punishable under Sections 376, 313, 504, 506 read with 34 of the Indian Penal Code, he be released on bail on his furnishing PR Bond in the sum of Rs.25,000/- with one or more solvent sureties in the aggregate sum of Rs.25,000/- on the following conditions :-