The Punjab and Haryana High Court has dismissed the anticipatory bail plea of a Safidon doctor allegedly involved in carrying out illegal abortions without government approval and has ruled that his custodial cross-examination was necessary.

Dr Anil, alias Anil Kumar Sharma, had moved the High Court seeking anticipatory bail in FIR dated 25^th December 2019lregistered at the Safidon City police station in Jind district for cheating and other offences under Sections 312, 315, 318, 420 and 34 of the IPC and the provisions of the Medical Termination of Pregnancy Act and the Indian Medical Council Act.

The state counsel had opposed that the petitioner along with his co-accused was actively involved in termination of pregnancy in Leelawati Hospital at Safidon without authority.

Justice Thakur has stated that it was settled principle that anticipatory bail could not be granted as a matter of rule and is granted only in exceptional cases as it is an extraordinary privilege.

Justice Thakur has also observed that the FIR was registered in compliance of an order passed by Jind Civil Surgeon referring to the prosecution case. It was stated that certain hospitals were inspected and during this process, it was found that Leelawati Hospital was not approved for termination of pregnancy under the MTP Act. Dr Anil and Dr Shanti were not eligible for conducting termination of pregnancy.

It was also mentioned that the petitioner demanded Rs 10,000 for terminating 19-week pregnancy of a woman, who visited the hospital. She was admitted on December 2, 2019, and was discharged the next day after the abortion. On both the days, the petitioner and Dr Shanti were present in the hospital and the amount was taken by the petitioner on December 3, 2019.

Referring the FIR, Justice Thakur observed that there were similar allegations put by other women too. Certain slips of the patient were found from the hospital’s chemist shop concerning the use of medicines and injections for abortion. The machine used for the purpose has been taken into possession. There were accusations against the petitioner that patients were being sent to his hospital for abortion and the petitioner would pay them good commission.

Justice Thakur has concluded that there are serious allegations that has been raised against the petitioner. The petitioner is apparently involved in the act of doing illegal abortions without any approval from the government. With the material and facts of this case, custodial interrogation of the petitioner is definitely required by the police for a result oriented investigation.

Source: https://www.tribuneindia.com/news/hc-junks-safidon-doc%E2%80%99s-bail-plea-in-mtp-case-38578