Bombay High Court
Dilip Pundalik Patil vs The State Of Maharashtra on 7 October, 2019
Author: V. K. Jadhav
Bench: V. K. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
47 BAIL APPLICATION NO.1117 OF 2019
DILIP PUNDALIK PATIL
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Brahme Shailesh P.
APP for Respondent - State: Mr. S.D. Ghayal
...
CORAM : V. K. JADHAV, J.
DATED : 7th October, 2019
PER COURT:-
1. The applicant is seeking Bail in connection with
Crime No.23 of 2018 registered with Bhadgaon Police Station,
District Jalgaon for the offences punishable under Sections 33,
34, 36 and 38 of the Maharashtra Medical Practitioners Act,
1961 and under Sections 419, 420, 468 and 471 of IPC. His
application with similar prayer bearing Criminal Bail Application
No.609 of 2019 came to be rejected by the Additional Sessions
Judge, Jalgaon District Jalgaon vide order dated 23.08.2019.
2. Heard both the sides.
3. On going through the allegations made in the
complaint and on perusal of the investigation papers, so also
the supplementary charge-sheet, though certain Sections of
the Maharashtra Medical Practitioners Act, 1961 and so also
the Indian Penal Code such as Sections 419, 420, 468 and 471
came to be added against the present applicant, however, as
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per the allegations, the applicant was practicing in Allopathy,
though he is having the qualification to practice Electropathy,
Naturopathy and Ayurved. Learned counsel for the applicant,
on instructions, submits that the applicant is ready to submit
the undertaking to the effect that he would not practice even
the Electropathy, Naturopathy and Ayurved till disposal of the
case. The applicant is in jail since 25.02.2019. The charge-
sheet came to be submitted on 22.04.2019 and supplementary
charge-sheet came to be submitted on 15.07.2019. The
applicant has a fixed place of residence. He is easily available
for trial. So far as the question of practicing Allopathy after
release on bail, the applicant is now ready to file an
undertaking after his release on bail to the effect that he would
not practice in the Electropathy, Naturopathy and Ayurved
while on bail till disposal of the case. In view of the same, I am
inclined to release the applicant on bail with certain conditions.
Hence, the following order:
ORDER
I. The application is hereby allowed.
II. The applicant viz. DILIP PUNDALIK PATIL, in connection with Crime No.23 of 2018 registered with Bhadgaon Police Station, District Jalgaon for the offences punishable under Sections 33, 34, 36 and 38 of the Maharashtra Medical Practitioners Act, 1961 and under Sections 419, 420, 468 and 471 of IPC, be released on bail on ::: Uploaded on - 09/10/2019 ::: Downloaded on - 09/10/2019 23:26:27 ::: 47-BA-1117-2019.odt -3- furnishing P.B. of Rs.50,000/-, with one solvent surety of the like amount, on the following conditions;
(a) The applicant shall not tamper with the prosecution evidence in any manner.
(b) The applicant shall not practice in Electropathy, Naturopathy and Ayurved as assured by him till disposal of the case and file an undertaking to that effect before the trial Court.
III. The application is accordingly disposed of.
(V. K. JADHAV, J.) Sam..
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