Solapur doctor accused of illegal abortions gets bail, but cannot practise

She will not practise medicine till the conclusion of the trial, rules Bombay high court.

The Bombay high court on Monday granted bail to a medical practitioner from Solapur district who was booked for performing illegal abortions.

Dr Jadhavar was arrested on February 8, 2018. (Shutterstock)

Justice Sadhana Jadhav asked Dr Ashwini Jadhavar to furnish an undertaking to the Medical Council of India, Sangola police station where the first information report (FIR) was registered, and the district surgeon of Solapur that she will not practise medicine till the conclusion of trial.

Dr Jadhavar was arrested on February 8, 2018 under sections 312, 315 and 201 read with section 34 of the Indian Penal Code, and section 5 of the Medical Termination of Pregnancy Act, 1971.

Assistant public prosecutor Vinod Chate said the FIR was registered after a complaint by medical officer of Sangola, Dr Sandeep Belapure, referring 13 cases of alleged illegal termination of pregnancies at New Dhanashri Hospital and Maternity Home, run by her and her husband, Dr Suhas Jadhavar. The nursing home is in Solapur district’s Sangola, 375km south-east of Mumbai,

The couple was tried in 2006 for alleged contravention of provisions of the Preconception and Pre-natal Diagnostic Techniques Act. She was acquitted, while her husband was convicted after which the Medical Council of India had cancelled licence of 'Dhanashri Hospital and Nursing Home'. Later, the couple started running another hospital — New Dhanashri Hospital and Nursing Home — and illegal abortions were carried out there, Chate added.

The defence, however, argued that pregnancies were terminated on medical grounds, and therefore there was no violation of the MTP Act.

Justice Jadhav granted bail to the woman doctor as some of the cases referred involved low gestation period ranging between 8th and 10th week. She was asked to furnish a bond of ₹50,000 with one or two sureties of the same amount.