Full Judgment
Criminal Misc.No.M-3689 of 2014 {1} IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No.M-3689 of 2014 Date of Decision: 17th February, 2014 Devinder Kumar .Petitioner Versus State of Haryana .Respondent CORAM: HON'BLE Mr.JUSTICE NARESH KUMAR SANGHI Present: Mr.Aman Bansal, Advocate, for the petitioner.
Mr.Nitin Kaushal, AAG, Haryana.
*** Naresh Kumar Sanghi, J.
Prayer in this petition is for grant of anticipatory bail to petitioner Devinder Kumar who has been booked for having committed the offences punishable under Section 420, IPC, and Sections 15(2) and 15(3) of the Indian Medical Council Act, (for brevity “the Act”.) in a case arising out of FIR No.9 dated 03.01.2014, registered at Police Station, City, Jind.
Learned counsel contends that the petitioner was registered practitioner, therefore, he was authorized to retain certain medicines and the certificates of his qualification were produced before the complainant at the time of checking of his clinic.
Learned counsel for the State, on instructions from ASI Mohinder Singh, Police Station, City, Jind, very fairly concedes that the statement of any of the patients has not been recorded to the effect that the petitioner prescribed aleopathic medicines to him/her.
I have heard the learned counsel for the parties and with Sharma Seema 2014.02.19 10:08 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.No.M-3689 of 2014 {2} their able assistance gone through the material available on record.
The applicability of Sections 15(2) and 15(3) of the Act would be a moot point during the couRs.of trial.
This Court has even doubt regarding applicability of the ingredients of Section 420, IPC, in the present case.
In view of the totality of the facts and circumstances of the case, the present petition is allowed.
In the event of his arrest, the petitioner shall be released on bail subject to his furnishing personal bond in the sum of ` 25,000/- with one surety in the like amount to the satisfaction of the arresting officer.
The petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions laid down in Section 438(2).Cr.P.C.February 17, 2014 (Naresh Kumar Sanghi) seema Judge Sharma Seema 2014.02.19 10:08 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.No.M-3689 of 2014 {3} Sharma Seema 2014.02.19 10:08 I attest to the accuracy and integrity of this document Chandigarh