The Bombay excessive court docket (HC) on Friday allowed a gynecologist booked for performing unlawful abortions and convicted below provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, to renew medical apply. The gynaecologist, Dr Suhas Jadhavar had moved HC difficult an order dated June 18 handed by the extra periods decide, Pandharpur, refusing to calm down a bail situation prohibiting him from training medication until completion of his trial.
Dr Jadhavar and his spouse Dr Ashwini, additionally a gynecologist, have been booked by Sangola police in Solapur district in February 2018 for performing unlawful abortions.
On June 4, 2018, HC granted bail to Dr Ashwini on the situation that she is not going to apply medication till the conclusion of the trial.
A fortnight later, the Pandharpur periods court docket granted bail to Dr Jadhavar on the identical situation.
Last yr, Dr Ashwini moved HC searching for rest of the situation, and on February 20, 2020, HC allowed her to renew apply.
Dr Jadhavar then moved the periods court docket searching for an analogous rest for himself on the bottom of parity, however the periods court docket rejected his plea, prompting him to maneuver HC.
His lawyer, advocate Vishwanath Talkute, submitted that on the bottom of parity, the petitioner physician was entitled to the identical reduction as was granted to his spouse and a co-accused within the case, nevertheless it was refused solely on the bottom that Dr Jadhavar has been convicted in a separate case below the PCPNDT Act – the laws that prohibits the usage of trendy methods for sex-selective abortions.
Assistant public prosecutor RM Pethe had opposed the plea, saying that the physician was rightly refused the reduction in view of his conviction.
Justice CV Bhadang, nonetheless, felt that the gynecologist shouldn’t have been denied the identical reduction as that granted to the co-accused within the case.
The decide felt that the conviction below the PCPNDT Act was an extraneous consideration. “The consideration in my view has to be principally confined to the present case,” stated the decide.
“Once the said condition has been relaxed in respect of the co-accused, and where the reasons for such relaxation, namely that the co-accused Dr Ashwini Jadhavar has abided by the said condition and that there is no likelihood of the trial coming to end in the near future [which apply equally to the case of the petitioner], the parity cannot be refused,” the court docket added.