Bombay High Court
Shri. Vikas Bhavanidas Bhadikar vs The State Of Maharashtra on 1 February, 2024
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
Gokhale 1 of 4 25-aba-119-24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 119 OF 2024
Vikas Bhavanidas Bhadikar ..Applicant
Versus
The State of Maharashtra ..Respondent
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Ms. Gargi P. Joshi for Applicant.
Ms. Mahalakshmi Ganapathy, APP for State/Respondent.
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CORAM :- SARANG V. KOTWAL, J.
DATE :- 1 FEBRUARY 2024
P.C. :-
1. The Applicant is seeking anticipatory bail in connection
with C.R.No.407 of 2023 registered at Barshi Taluka Police Station,
Solapur Rural, on 16.11.2023, under Section 420 of the Indian
Penal Code and under Sections 33, 33A and 38 of the Maharashtra
Medical Practitioners Act, 1961.
2. Heard Ms. Gargi Joshi, learned counsel for the
applicant and Ms. Mahalakshmi Ganapathy, learned APP for the
State.
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3. The F.I.R. is lodged by one Dr. Anita Bangar. She was
the Medical Officer attached to Panchayat Samiti, Barshi and was
looking after the Barshi Taluka. She was entrusted with the duty to
collect health data about the health issues in the Taluka. She came
to know that the present applicant was practicing as a Doctor,
though, he was not entitled to practice in medicines as a Doctor.
Therefore, he was a bogus doctor. On 08.11.2023, his clinic was
raided. Some injections and medical instruments were seized. The
F.I.R. mentions that the applicant was B.E.M.S., and he was not
registered with the the Maharashtra Medical Council. He was not
authorized to prescribe allopathic medicines. He has violated all
these conditions and, therefore, this F.I.R. was lodged.
4. Learned counsel for the applicant submitted that the
Health Authority had issued explanatory note on 19.09.2022 in
which it was mentioned that the Graduates who had obtained CMS
& ED Certificate and diploma courses, they can prescribe 44
allopathic medicines, but they cannot use the prefix 'Doctor' before
their names. They could not enroll with any Government Council.
Learned counsel submitted that the applicant was a graduate in
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Electro Homeopathy Medicine and Surgery. He had completed the
course in Community Medical Services & Essential Drugs, in 2020-
2021. Therefore, he was allowed to practice in medicines and was
allowed to prescribe 44 allopathic medicines. She submitted that
the applicant was in position to show that he had prescribed only
those 44 medicines in his practice.
5. Learned APP pointed out some documents wherein, it
was mentioned that, he was describing himself as 'Doctor and
Surgeon', which was not permissible. Learned APP submitted that
the investigating agency is investigating into the allegations
whether the applicant was prescribing any medicines which he was
not authorized to prescribe.
6. Today, both the learned counsel are seeking
adjournment. Learned counsel for the applicant prayed for ad-
interim relief. Considering both these submissions, today I am
inclined to protect the applicant by way of ad-interim relief with
certain conditions.
7. Hence, the following order.
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ORDER
i) In the event of his arrest in connection with C.R.No.407 of 2023 registered at Barshi Taluka Police Station, Solapur Rural, till the next date, the Applicant be released on bail on his executing P. R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.
ii) This order shall operate till 14/03/2024.
iii) The Applicant shall attend the concerned Police Station from 20/02/2024 to 23/02/2024 between 1.00p.m. to 5.00p.m. and shall cooperate with the investigation.
iv) Till the next date before this Court, the Applicant shall not continue his practice.
v) Stand over to 14/03/2024.
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