AMAR KISAN JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for pre-arrest bail in CR No.394 of 2017 registered with Tembhurni Police Station, Taluka-Madha, District-Solapur dated 9.9.2017 under Section 3(A) and 23 of Preconception and Pre-natal Diagonistic Techniques (Prosecution of Sex Selection) Act, 1994 and Section 33 and 36 of Maharashtra Medical Practitioner Act, 1961.

(2.) It is the prosecution case that, the District Surgeon and Medical Officer Shri Pathanshetty informed the first informant namely Dr. Santosh Gaikwad that a specific information has been received by the police of Tembhurni Police Station that at the residence of Vikas Chavan, Dr. Santosh Nimbalkaar was to perform sex determination test on a lady, which is prohibited under the law and therefore to verify the said information the first informant along with other members of raiding party went to the residence of said Vikas Chavan and conducted a raid. It was noticed that one person was performing same test by keeping machine on the stomach of a lady and observing something on the screen. Thereafter the raiding party accosted the person therein and it was revealed that the person who was keeping watch on the said procedure was Vikas Chavan and the person who was conducting the said test was Dr. Santosh Nimbalkar. During the preliminary inquiry conducted by the Government Officer, it was revealed that the said Dr. Nimbalkar had been to the said place at the instance of the applicant who is acting as agent of the said Dr. Nimbalkar. It was informed to the raiding party that the applicant had gone out for his personal work. The police have seized the relevant machinery and other articles from the scene of offence. In pursuance of first information report lodged by Shri Santosh Gaikwad, Taluka Medical Officer, the present crime is registered.

(3.) Learned Counsel for the applicant submitted that the applicant has nothing to do with the said crime and it is only in the statement of the co-accused Dr. Nimbalkar his name has been revealed. He submitted that the applicant was not present at the time of raid at the scene of offence. That the Investigating Agency had applied Sections 3(A) and 23 of Preconception and Pre-natal Diagonistic Techniques (Prosecution of Sex Selection) Act, 1994 to the present crime and the maximum punishment for the first offence is 3 years and therefore in view of the decision of the Supreme Court in the case of Arnesh Kumar v. State of Bihar & Anr. reported in (2014) 8 SCC 273, the applicant deserves to be protected by pre-arrest bail. He submitted that his client will abide by all conditions imposed imposed upon him and prayed that pre-arrest bail may be granted to the applicant.