Bombay HC grants temporary bail to doctor booked for causing death due to illegal abortion to serve needy persons during COVID- 19 outbreak

Applicant doctor was arrested by Pundliknagar Police station of Aurangabad on August, 10 last year for offences under Indian Penal Code (IPC) including section 314 (punishment for death caused by act done with intent to cause miscarriage), section 201 (punishment for causing disappearance of evidence) and section 203 (punishment for giving wrong information with respect to offence) among others. Thereafter, the Sessions court rejected his bail plea in January, this year which led the medical professional to move before the High Court.

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The punishment prescribed in IPC for death caused due to illegal abortion with woman’s consent is ten-year imprisonment and without woman’s consent can lead up to life imprisonment.

Advocate K S Hoke-Patil for Aurangabad Police opposed the bail plea and argued that though there was danger to woman’s life, the doctor caused illegal abortion on July 21, 2017 and ultimately the woman died.

However, advocate S S Khivansara for the applicant doctor said that being medical professional with specialised expertise, his client wanted to serve the needy persons as per government directions and he will provide medical assistance and help during COVID-19 outbreak.

After hearing submissions, Justice Nalawade accepted medical professional’s request to serve persons during the pandemic and granted him temporary bail until April 30 on furnishing personal bond of Rs. 15000.

The bench directed the doctor to immediately approach the Dean of Government Medical College and Hospital, Aurangabad and directed him to provide an undertaking to show his willingness to discharge services for a month as per Hospital’s directions.