SUHAS SAMPAT JADHAVAR AND ANR. vs THE STATE OF MAHARASHTRA

Judgment text excerpt

REVN-150-2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.150 OF 2019 SATISH 1. Dr. Suhas Sampat Jadhavar RAMCHANDRA SANGAR Age : 40 Years, Occu. : Medical Practitioner, Digitally signed by SATISH RAMCHANDRA SANGAR 2. Dr. Ashwini Suhas Jadhavar Date: 2025.06.10 14:56:40 +0530 @ Ashwini Hiralal Gaikwad Age : 37 Years, Occu. : Medical Practitioner, Both R/o. : New Colony, Ekatpur Road, ...Applicants Sangola, District : Solapur. (Original Accused) Versus The State of Maharashtra At the instance of : Sangola Police Station. ...Respondent ***** Mr.Manoj Mohite–Senior Advocate Advocates for Applicants. a/w Mr.Vishwanath Talkute:- Dr.Birendra Saraf – Advocate General, On behalf of Respondent State. Mr.Avinash Kamkhedkar (APP) and Ms.Sangita Phad (APP):- ***** CORAM : S.M. MODAK, J. RESERVED ON : 7th MAY 2025 PRONOUNCED ON : 9th JUNE 2025 JUDGMENT : 1. The very moot question about “interpretation of the Satish Sangar 1/37 REVN-150-2019.doc Medical Termination of Pregnancy Act, 1971 (“MTP Act”) and its corelation to the provisions of Indian Penal Code, 1860 (“IPC”) is involved in this Revision Application. Apart from arguments advanced by learned Senior Advocate Shri.Mohite and assisted by Mr.Talkute, the learned APPs in charge of this Revision, Mr.Kamkhedkar and Ms.Phad have argued the matter as well. However, as said above very basic questions are involved, as per order dated 19 th March 2025, I have called learned Advocate General to address the Court on certain issues. He did address the Court. Even, I have heard Mr.Talkute. 2. There are 13 abortion cases noticed by the First-Informant Shri.Belpatre attached to Rural Hospital, Sangola, District : Solapur. Present Applicants being Medical Practitioners have ab