Pintu @ Jasmat vs State Of Madhya Pradesh

This is the first bail application of petitioner-Pintu @ Jasmat under Section 439 of Cr.P.C. for granting bail in Crime No.277 of 2019, registered at Police Station- Pipalrawan, District-Dewas under Sections 304 of IPC and Sections 24 of Madhya Pradesh Ayurvigyan Parishad Adhiniyam, 1987 and Section 15(3) Bhartiya Chikitsa Parishad Adhiniyam, 1956.

Allegation of the prosecution against the petitioner is that he is a Quack. Practicing Allopathy without any recognized degree or authority. He prescribed and administered some injection to one Pavitra Bai, who succumbed due to reaction of the medicine administered by him, therefore, the case is registered against him on the instigation of son - Jeevan Singh of Pavitra Bai.

Learned Counsel for the petitioner would submits that the death of Pavitra Bai occurred on 14.05.2019. The FIR is lodged against him on 27.08.2019 i.e., after three and half months. It is mentioned in the postmortem report that "no injection marks seen over the body". The cause of death could not be ascertained in the postmortem. It is mentioned in the postmortem report that "no definite opinion can be given regarding cause of death. Mode of death is syncope. Time since death within 24 hours." Statement of son Jeevan, husband-Ramesh and one Kewal Singh, who have made certain allegation against the petitioner have been recorded after three and half months on 28.08.2019. No cause is shown as to why they have not revealed those facts stated in their police statements immediately after the incident. The allegation of unauthorized practice in Allopathy is an offence under Section 24 of Madhya Pradesh Ayurvigyan Parishad Adhiniyam, 1987 and is punishable only for three years imprisonment, therefore, he be granted bail.

Learned Public Prosecutor has objected the bail. He invited my attention towards some prescription of the Pavitra Bai, which shows that some treatment was given by the petitioner to the deceased but does not show that any injection was prescribed or administered by the petitioner.

The petitioner is in custody since 28.08.2019. He has no other criminal cases.

Considering the aforesaid and other facts and circumstances of the case, I deem it proper to release the accused/petitioner on bail. Therefore, without commenting on merits of the case, the application is allowed.

It is directed that the petitioner Pintu @ Jasmat S/o Kalusingh Bhati be released from custody on his furnishing a personal bond in the sum of Rs.30,000/-(Rupees Thirty Thousand Only) with one solvent surety to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions :-

(I) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.