Chandraprakash Motilal Yadav v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1309 OF 2016 Chandraprakash Motilal Yadav ...Applicant
Versus
The State of Maharashtra
...Respondent
Mr.A.D.Mishra, for the Applicant Ms. Rutuja Ambekar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.
DATE : 7th JULY, 2016 P.C. :
1.
Heard learned Counsel for the applicant and the learned A.P.P. 2.
By this application, the applicant seeks his enlargement on bail in connection with C.R. No.I-101 of 2016, registered with the Antop Hill Police Station, Mumbai, for the alleged offences punishable under Sections 338, 201, 511 r/w 34 of the Indian Penal Code and under Section 33 of the Maharashtra Medicinal Practitioner Act. 3.
The alleged incident is stated to have taken place on 21st 1/5
2/5 December, 2015, when the applicant administered an injection on Lalmani Shivmurat Varma's leg. The complaint is lodged by PSI - Alpesh Lawand. He has stated that Lalmani Varma and his wife Madhuri had complained that the present applicant had administered an injection, as a result of which his leg had become black. He has stated that Lalmani Varma had gone to the present applicant for a pain in his shoulder for which the applicant had administered an injection. According to the complainant, the applicant had even offered Lalmani Varma, a sum of Rs.2 lakhs for not lodging a complaint against him, however, had not paid the said amount. 4.
Learned Counsel for the Applicant submitted that the applicant has been in custody since 22nd May, 2016. He has tendered a compilation of documents i.e. the statement of Lalmani Varma, educational qualification certificates and the Certificate of Registration issued by the Maharashtra Council of Indian Medicine, Mumbai dated 6th February, 2016 of the applicant. He submitted that the complaint has not been lodged by Lalmani Varma but by the PSI - Alpesh Lawand.
5.
Learned APP opposed the bail application. She submitted that 2/5
3/5 the certificate of registration was issued by the Maharashtra Council of Indian Medicine, Mumbai in February, 2016, whereas the alleged incident had taken place on 21st December, 2015, when the applicant had no such certificate to practice. She submitted that as a result of the careless and negligent act of the applicant, Lalmani Varma had sustained complications due to an injection which was administered by the applicant. 6.
Perused the papers, in particular the statement of Lalmani Varma recorded in February, 2016. He has stated that as he had pain in his shoulder, he had gone to the applicant and for which he was administered an injection on his leg; and that pursuant to the injection, as there was pain, he was hospitalized in Sion Hospital. According to Lalmani Varma, because of the rash and negligent act of the applicant, he suffered a grievous injury.
7.
Be that as it may, considering the nature of allegations and the fact that the applicant has been in custody since May, 2016, the applicant is enlarged on bail on the following terms and conditions:- 3/5
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ORDER
(i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two local sureties in the like amount;
(ii) The applicant shall attend the concerned Police Station on on every Saturday, between 10.00 a.m. to 11.00 a.m., till the filing of the charge sheet;
(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;
(iv) The applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;
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5/5 (v) The applicant to cooperate with the conduct of the trial. 8.
The Application is allowed in the aforesaid terms and is accordingly disposed of.
9.
It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order. 10.
All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.
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