“Applicant on Bail Would be Menace To Health of Society”: Bombay HC Denies Bail To Person Who Posed As Doctor

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Synopsis

The high court rejected the bail application of the man who was booked under different FIRs for forging his medical certificate of practice and for treating patients during COVID-19 even though he was not a doctor.

A Single Judge Bench comprising Justice S.K Shinde of the Bombay High Court has rejected bail plea of a person who was booked under the IPC and Medical Practitioner Act for posing as a doctor and forging his certificate of practice.

The complainant had alleged that the applicant had posed himself as a doctor and took Rs. 17 Lakh 50 Thousand for starting a hospital. The complainant said despite taking a substantial amount the applicant could not get the hospital registered.

The complainant then through his sources became aware that the applicant is not a doctor. Subsequently, the complainant then made inquiries with the Medical Council of Maharashtra and became aware that the applicant had forged his degree.

After the FIR was registered the police arrested the applicant and a charge sheet came to be filed.

When the charge sheet was filed by the police it was discovered that the applicant had also forged his Aadhar card to open a bank account.

Earlier the applicant was also booked in a different case wherein seven patients had died during the outbreak of Corona Virus in the hospital run and managed by the applicant. One of the relatives of the deceased had reported a complaint which said that although the applicant was not a doctor, he was managing and treating patients in Shree Morya Multispeciality Hospital.

Other than the present case and the case against the applicant referred above, there was another case registered against the applicant wherein he had posed himself to be Dr. Mahesh Patil, by forging a degree certificate had persuaded a person to invest Rs.30,00,000  in a medicine shop. An FIR was also registered in the case.

The court while rejecting his bail plea noted that:

"Thus, in consideration of the facts above, in my view, releasing the applicant on bail would be menace to the health of the society. Application deserves no consideration. It is rejected”