Bombay High Court
Shahenaz Afsar Shaikh vs The State Of Maharashtra on 13 June, 2022
Author: S. G. Mehare
Bench: S. G. Mehare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
16 ANTICIPATORY BAIL APPLICATION NO.627 OF 2022
SHAHENAZ AFSAR SHAIKH
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Shaikh Sohail Subhedar &
Mr. Ingole Dhanraj S.
APP for Respondent-State : Ms. V. S. Choudhari.
...
CORAM : S. G. MEHARE, J.
DATE : 13.06.2022 PER COURT :-
1. The applicant, a nurse with Primary Health Centre, has been accused of issuing false vaccination certifcates without vaccinating the patient. The Police Sub Inspector got the information that the people are getting the Covid-19 vaccination Certifcate without vaccination by paying money.
He reached Pulse Hospital, VIP Function Hall, Aurangabad, on the secret information. In the organized raid, he found that the false vaccination certifcates for Covid-19 were issued. The police recovered the mobile handset. The police have recovered the false vaccination certifcate from the said mobile handset. During the investigation, it is transpired to the police that the applicant has played an active role in certifying that the patients are vaccinated. Hence, crime is registered.
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2. Learned counsel for the applicant has vehemently argued that presently the applicant is pregnant and likely to deliver a child. She has no role to play in the alleged offence. On the date of the alleged incident, she was posted at Shiur Health Care Centre. She does not know how her I/D was used. She has received not a single pie for the alleged false vaccination certifcate. Besides that, she was not authorized to issue any certifcate, and her job was only to vaccinate the patients. Nothing is to be recovered and discovered from her. The other co-accused have already been released on bail by this Court. He would refer to the order dated 31.01.2022. Particularly, para No.6 wherein it is mentioned that none of the persons who have not been vaccinated has complained against the applicant. He tried to point out that the aggrieved persons are not coming forward. Hence, no crime ought to have been registered. He placed on record the order passed at Principal Seat, Bombay in Anticipatory Bail Application No.1436 of 2022, dated 30.05.2022, Anticipatory Bail Application No.332 of 2022, dated 16.02.2022 and also the order passed by the High Court of Himachal Pradesh Bench at Shimla, dated 24.07.2021. He has vehemently argued that in peculiar circumstances of advanced pregnancy of the petitioner, she may be released on anticipatory bail. ::: Uploaded on - 15/06/2022 ::: Downloaded on - 16/06/2022 00:46:24 :::
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3. Per contra, learned APP for the State would point out that prima facie evidence is available against the applicant. She disobeyed the various directions issued by the Government to prevent the spread of Covid-19 in society. The Government was working round the clock to prevent the spread of Covid-19, however, issuing such false certifcates is utter disobedience of the Government directives. it could also affect the lives of many innocents. He pointed out that the Investigation Offcer has collected prima facie evidence of using the I/D of the applicant. She never complained about using her I/D to issue such false certifcates. The offence is not only serious but against the interest of society and the citizens. She would further submit that the possibility of issuing many such certifcates cannot be ruled out. Therefore, custodial interrogation of the applicant is necessary. If she is released on anticipatory bail, the very purpose of the investigation may be frustrated, and the Government policy to prevent the spread of Covid-19 may also be affected.
4. Perused the application and case diary. Prima facie, it reveals that the applicant was involved in issuing the false vaccination certifcates, and her I/D was used and she kept silent. If she was really not involved in such a serious offence, which is apparently against the safety of the citizen ::: Uploaded on - 15/06/2022 ::: Downloaded on - 16/06/2022 00:46:24 ::: 4 16-ABA.627-22.odt of the society, she ought to have complained against the wrongdoers, but her silence assumes her involvement in such a serious matter. Normally, the advanced pregnancy may be considered sympathetically in the appropriate case. The principle in granting bails is always the gravity and seriousness of the offence. The act of issuing false vaccination certifcates was a direct challenge to the Government directives and policies to prevent the spread of the Covid-19 pandemic. Apparently, the offence is against the society and hence, the prosecution has correctly taken action on receiving the secret information. In view of the seriousness of the offence and issuing such false certifcates to the persons who are not vaccinated is a matter of serious concern. Vaccinating the eligible person was the aim of the Government, and Government, untiringly round the clock, was making the policies to control the spread of the Covid-
19. The applicant was part of the implementation of the government directives. The purpose was to save the lives of many as the disease was contagious. The cases relied upon by the applicant are of different facts and are not relevant to the facts of the present case.
5. Having regard to the seriousness of the offence, which is apparently against each citizen and the directives of the Government, this Court is of the opinion that though she ::: Uploaded on - 15/06/2022 ::: Downloaded on - 16/06/2022 00:46:24 ::: 5 16-ABA.627-22.odt has advanced pregnancy, she is not entitled to the protection as prayed.
6. For the reasons stated above, this Court is not inclined to the anticipatory bail. Hence, the application stands rejected.
7. The learned counsel for the applicant seeks an order of protection for two weeks. She was not granted interim protection. This Court has recorded the fndings on the seriousness of the offence. Hence, his prayer for interim protection cannot be considered.
(S. G. MEHARE, J.) ...
vmk/-
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