( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 600 OF 2010 IN CRIMINAL APPEAL NO. 62 OF 2010 Deepak Ramkrishna More .. Applicant Age. 41 years, Occ. Medical Practitioner, R/o. Nardana, Tal. Shindkheda, Dist. Dhule. Versus The State of Maharashtra .. Respondent Shri Amit S. Savale, Advocate for the applicant. Mrs. B.R. Khekale, A.P.P. for respondent/State. CORAM : P.R. BORKAR,J. DATED : 22.02.2010 P.C. :- 1. This is an application for bail filed by the applicant, who is convicted of offences punishable under section 304 of the I.P.C. and under section 7 (3) of the Medical Termination of Pregnancy Act, 1971. For offence punishable under section 304 of the I.P.C. the applicant is sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 5000/-, in default, to suffer simple ( 2 ) imprisonment for one year and for offence punishable under section 7 (3) of the Medical Termination of Pregnancy Act, 1971, he is sentenced to pay fine of Rs. 1000/-, in default, to suffer simple imprisonment for six months, besides compensation of Rs. 50,000/-. 2. Heard Adv. Shri Amit S. Savale for the applicant and A.P.P. Mrs. B.R. Khekale for respondent/State. They have taken me through the judgment. 3. It is argued before me that though the applicant was not duly qualified, he has performed operation of deceased Shailabai, but the treatment given by the applicant did not show any result and condition of Shailabai was deteriorated. Therefore, she was first treated by accused No.2 and then in the hospital of Dr. Deore and then in the Civil Hospital, where Shailabai ultimately died on 08.10.1998. 4. The question arises for consideration is mainly whether offence committed is punishable under section 304 of the I.P.C. for homicide or under section 304-A of the I.P.C. ( 3 ) for causing death rashly and negligently. On this point, it is necessary to hear both sides in detail. In the result, this application for releasing the applicant on bail is allowed. The execution of substantive sentence of imprisonment awarded to the applicant/appellant shall be suspended pending the appeal on applicant’s executing bail bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with one surety in like amount. 5. The Criminal Application is accordingly allowed and disposed of. [P.R. BORKAR,J.] snk/2010/FEB10/cra600.10