RAMESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No.319 of 2019 registered with Pundlik Nagar Police Station, Aurangabad City, District Aurangabad for the offences punishable under Sections 120-B , 314 , 203 , 201 of the Indian Penal Code. His application with similar prayer came to be rejected by the Additional Sessions Judge, Aurangabad, vide order dated 18.09.2020, below Exh.7, in Sessions Case No.156 of 2020.

(2.) The brief facts of the case are as follows :

(3.) The learned senior counsel for the applicant submits that the investigation is over and the charge-sheet has been submitted long back. The applicant is in jail in connection with the present crime since 14.08.2019. The learned senior counsel submits that the applicant has been implicated in the crime only for the reason that he happened to be the husband of the deceased Sarika. It has been revealed during the course of investigation that deceased Sarika was taken to the hospital by co-accused Angat, father-in-law of deceased Sarika. It has been revealed during the course of investigation that on 21.07.2017, in the morning time, deceased Sarika was taken in the hospital of co-accused Dr. Suraj Rana name and styled as "Sanjeevani Clinic" and Co-accused Dr. Madhuri Waghmare has operated deceased Sarika Shep for causing her miscarriage. However, deceased Sarika became serious and unconscious due to profuse bleeding, thus, she was immediately shifted to Lifeline Hospital. Deceased Sarika died in the said Lifeline Hospital during the treatment. On the basis of M.L.C. given by Dr. Sachin Bangar, the owner of the said Lifeline Multi Speciality Hospital, A.D.No.27 of 2017 came to be registered in the concerned Police Station. The learned senior counsel submits that the applicant has not even accompanied his wife either in the hospital of Dr. Rana viz. "Sanjeevani Clinic" nor in Lifeline Hospital owned by Dr. Sachin Bangar. The learned senior counsel submits that at the most, the said doctors are responsible for the negligence in causing the miscarriage of deceased Sarika and the applicant may not be responsible for the same. The learned senior counsel submits that even the offence punishable under Section 314 levelled against the applicant is not punishable with death or imprisonment for life. The said doctors / co-accused have been released on temporary bail. So far as the applicant is concerned, he is the only person behind the bars in connection with the present crime. The learned senior counsel submits that in the given set of allegations, Section 314 of IPC is not attracted as against the applicant. Applicant is having fixed place of residence. There is no question of tampering with the prosecution evidence. The applicant may be released on bail.