Releasing Applicant Would Be Menace To Health Of Society: Bombay HC Denies Bail To A Man Impersonating As Doctor

Justice Sandeep K. Shinde while denying bail to the applicant observed –

"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."

The applicant was accused of the offences under Sections 420, 465, 467, 468, and 471 of IPC. Besides this, two more crimes were registered against him under Sections 420, 467, 468, and 471 of the Medical Practitioners Act and Sections 304, 420, 467, 468, and 471 of IPC.

In this case, the applicant posed himself as a doctor by forging a degree certificate. While posing himself as a doctor, the Applicant persuaded the complainant to invest Rs. 30 lacs in a medicine shop. Later, when the complainant came to know that Applicant was a fake doctor, he filed a complaint against him.

It was informed to the Court that seven patients had died during the outbreak of coronavirus in the hospital run and managed by the applicant.

The crime was registered against the applicant on a complaint by another doctor. He alleged that the Applicant posed himself to be a doctor and persuaded to invest huge amount in the hospital which he had proposed to start. The doctor believed the applicant and invested a huge amount, however, the Applicant could not obtain the registration of the hospital, then promised by him. Later, it was learned from sources that the Applicant was a fake doctor, therefore, made inquiries with the Medical Council of Maharashtra. Inquiry revealed that the applicant had forged the certificate of practice.

The charge sheet indicated besides the forging certificate of practice, the applicant had forged documents like an Aadhar card, so as to enable him to open a bank account.

While referring to the facts of the case, the Court rejected the bail application and observed that releasing him on bail would be a menace to society's health.

Cause Title - Shaikh Mahemud Farukh v. The State of Maharashtra