Madhya Pradesh High Court
Dr. Radheshyam Jat vs The State Of Madhya Pradesh on 9 December, 2016
M.Cr.C. No. 12308 OF 2016
09.12.2016
Shri Vivek Sharan, learned counsel for the petitioner.
Ms. Mamta Shandilya, learned Public Prosecutor for
the respondent-state.
This is a petition under Section 438 of the Code of Criminal Procedure by Petitioner-Dr. Radheshyam Jat, who apprehends his arrest in Crime No.928/16, Police Station- Station Road, District - Ratlam for offence under Sections 419, 420 & 467 IPC r/w Section 23 & 25 of Maternity Benefit Act, 1961.
Heard the learned counsel for the parties and perused the case diary.
Precisely, the facts emerging from the case-diary against the present petitioner are that he was found conducting sonography in a centre registered in the name of Dr. A.K.Singh. It is further alleged that certain other irregularities with regard to maintenance of records were also found.
It is submitted by learned counsel for the petitioner that petitioner is a duly qualified doctor. It is further submitted that as such there is no provision under relevant rules that a qualified doctor cannot conduct sonography in a centre run by some other person, rather, the requirement of law is that the sonograply centre should be duly registered with the concerned agency of Government.
Considering the nature of allegation as well as the quality of material to support the same, it would be appropriate to confer the benefit of anticipatory bail to the present petitioner.
Accordingly, it is directed that in the event of arrest by Police in the aforesaid case, the petitioner shall be released on bail on his furnishing personal bond in the sum of Rs.40,000/-(Rupees Forty Thousand Only) with a solvent surety in the like amount to the satisfaction of the arresting Officer for his regular appearance before the Police during the investigation or before the Court during trial.
C.c. as per rules.
(Ved Prakash Sharma)
sk Judge