The Bombay High Court has allowed an interim application in appeal and has sought suspension of trial court conviction against a Pune-based ayurvedic doctor, who was booked and also arrested for ‘medical negligence’ following a patient who died post-surgery complications after caesarean delivery and tubectomy that was performed on her in 2012. The court suspended his sentence as pending hearing on appeal that was against the same and released him on bail.

On 3rd February, Justice Sandeep K Shinde passed an order related to the interim application in appeal by Dr Sachin Deshpande, which was filed through his advocates Aniket Nikam and Aashish Satpute. The application was against the September, 2020 Pune sessions court order that had convicted him for offence that was punishable under IPC section 304 (guilty of homicide not amounting to murder) to suffer simple imprisonment for almost 10 years. The accuser was also instructed to pay Rs. 2.5 lakh compensation to the informant, who was the husband of the deceased.

On the night of 30th April 2012, a 21-year-old woman was admitted for a planned caesarean delivery for her second pregnancy and successive tubectomy at the co-accused’s hospital and the accuser was called for performing the required procedures. After completing the medical procedures on 1st May 2012, the woman suffered excessive bleeding. Therefore, she was shifted to another hospital and the same set of doctors conducted another procedure on her over there. On the morning of 2nd May 2012, her condition worsened and she passed away.

The petitioner’s counsel had informed the court that a co-convict along with the owner of the hospital where the appellant was employed was granted bail by High Court on 21st January. The appellant had pursued his release on bail on parity. Nikam had argued that post-caesarean delivery death was not because of medical negligence and the doctors tried their best in discharging their duties related to care.

Additional public prosecutor S R Agarkar had opposed the appeal and submitted that the appellant was not qualified to perform a caesarean procedure and knew that his act could cause her death. After hearing the submissions, the bench perceived that evidence of one of the experts proposed ‘medical negligence’ by Deshpande and the other expert proposed that the procedure was ‘properly done’.

In this matter, the bench then allowed the application and stated that while considering the evidence on record and as the co-accused was released on bail and also the applicant had not misused his liberty when the bail was granted, the further appeal is possible to be heard in near future, pending appeal, disputed sentence is suspended.

Source: The Indian Express