1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.119 OF 2011 Smt. Mumtaz Mahibood Sayyed ...Applicant. v. The State of Maharashtra ...Respondents. Mr. Neelesh V. Kalantri i/by V.V.Purwant ,advs. For the Applicant. Smt.G.P.Mulekar, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 10, 2011. P.C. 1 Applicant seeks to be released on bail in crime no.128 of 2010 under Section 304 of the I.P.C. and under section 33 and 37 of the Maharashtra Medical Practitioners Act, 1961 registered at Pangari police station Barshi. 2 Prosecution case, in brief, is that the applicant does not have any degree or diploma in medical science nor she is registered as medical practitioner. She illegally injected deceased Rekha during labours. Uterus of the deceased totally protruded outside and there was heavy bleeding due to which she died. According to the prosecution, she died during the delivery due to negligence of the present applicant. It is also contended that the applicant without any authority had performed 2 deliveries in number of cases in that area. Applicant is in custody since 20th December, 2010. Taking into consideration facts disclosed by the prosecution, prima-facie, it appears that accused had committed offence under Section 304A IPC and under Section 33 of the Maharashtra Medical Practitioners Act. Prima-facie, there is no material to show that offence under Section 304 is committed. Offence under Section 304A is bailable. First offence under Section 33(2) of Maharashtra Medical Practitioners Act is punishable with imprisonment which may extend to 5 years with minimum imprisonment of two years. For subsequent offence, maximum punishment extends to 10 years. According to the prosecution, this is the first case registered against the applicant. In my opinion, no purpose will be served by detaining the applicant, who is woman, in custody. 3 Therefore, applicant be released on her executing PR in the sum of Rs.20,000/- with one or two sureties in the like amount with condition that she shall not indulge in such offences in future and shall not tamper with the prosecution evidence. She shall also attend the police station on every Sunday between 10 a.m. and 1 p.m. till filing of the charge-sheet. (J.H. BHATIA,J.) 3