Bombay High Court
Ram S/O. Shivaji Solanke vs The State Of Maharashtra And Anr on 16 August, 2017
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 Cri.Appln. 3961/2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3961 OF 2017.
Ram Shivaji Solanke ..... Applicant
VERSUS
The State of Maharashtra ..... Respondents
and another
......
Mr. U.S. Patil, Advocate for applicant
Mr. S.M. Ganachari A.P.P for respondent -State
......
CORAM : V.K. JADHAV, J.
DATE : 16th AUGUST, 2017
.....
PER COURT :
The applicant is seeking pre-arrest bail in connection with
Crime bearing No. 84 of 2017, registered at Pimpaldari Police Station,
District Parbhani. The earlier application with similar prayers below
Exh.01 in Criminal Misc. Application No. 111/2017 came to be rejected
by the learned Additional Sessions Judge, Gangakhed Dist. Parbnhani
dated 21-07-2017.
2] On the basis of complaint lodged by Umakant Birajdar,
Taluka Health Officer, Gangakhed, the aforesaid crime came to be
registered. It has been alleged in the complaint that, on 30-06-2017,
::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 16:26:56 :::
2 Cri.Appln. 3961/2017
the raiding party consisting of complainant and other officers visited
the clinic of the present applicant. The said raiding party was
constituted to find out bogus medical practitioners. It has been
further alleged in the complaint that, when they reached at Clinic of
the applicant, applicant has closed his Clinic and left the place without
providing information of the clinic. After that raiding party prepared
panchnama and given notice to the applicant on 04.07.2017.
However, on 11.07.2017 again the raiding party visited the clinic of
the applicant. During the said visit of the raiding party, it was found
that, applicant was giving allopathy treatment to the patients, which
is not permissible. Even on questioning the applicant, he has not
produced his Degree Certificate before the said raiding party. On the
basis of these allegations, the applicant apprehends his arrest at the
hands of police in the crime No. 84/2017 for the offence punishable
under section 15(2)(B) of Indian Medical Council Act and under section
33(2) of the Maharashtra Medical Practitioners 1961 registered
against him.
3] The learned Counsel for the applicant submits that
applicant is registered Electropathy Practitioner. He has his own
Clinic. He is ready to co-operate the Investigating Officer for carrying
out further investigation, if any. Applicant has fixed place of
residence and he is not likely to abscond. There is no question of
tampering with the prosecution evidence. The offences alleged to
::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 16:26:56 :::
3 Cri.Appln. 3961/2017
have been committed by the applicant are not punishable with more
than five years imprisonment.
4) The learned A.P.P. submits that there is prima-facie strong case
against the applicant. Though he is registered medical practitioner
under Electropathy, he is practicing allopathy. During the course of
investigation statements of patients came to be recorded.
5) On perusal of the complaint and in the given set of the
allegations, it appears that the custodial interrogation of the applicant
is not required. The offences alleged to have been committed by the
applicant are not punishable with imprisonment of more than five
years. Even the penal provisions of the Sec. 33(2) of the Maharashtra
Medical Practitioners Act, 1961 prescribes punishment for the first
offence and second or subsequent offence. Thus, by imposing certain
conditions the applicant is entitled to be enlarged on pre-arrest bail.
Hence the following order :-
ORDER
I The application is hereby allowed. II. In the event of arrest, the applicant Ram Shivaji Solanke, in connection with crime No. 84/2017 registered with Pimpaldari Police Station Taluka Gangakhed Dist. Parbhani, be released on bail on his furnishing personal bond of Rs. 15,000/- ( Rupees Fifteen thousand) with one solvent surety of the like amount on the following ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 16:26:56 ::: 4 Cri.Appln. 3961/2017 conditions :
(a) The applicant shall not tamper with the prosecution evidence in any manner and make himself available as and when required by the investigating officer for the purpose of investigation.
(b) The applicant shall attend the concerned police Station twice in a week on every Monday and Friday between 09.00 to 11.00 a.m. till filing of the charge-sheet.
3. Application is accordingly disposed of.
[V.K.JADHAV, J.] YSK/ ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 16:26:56 :::