PADUM LAL SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) Invoking jurisdiction of this Court under Section 439 of the Code of Criminal Procedure, 1973, the applicant has filed this application for grant of regular bail stating inter alia that he has been arrested on 05/04/2015 in connection with Crime No. 70/2015, registered at Police Station Kusmunda District Korba (Chhattisgarh), for the offence punishable under Section 3, 12 of Chhattisgarh Rajya Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Adhiniyam, 2010 (henceforth "Adhiniyam, 2010" ).

(2.) Case of the prosecution, in brief, is that, the applicant ( Doctor) having a medical degree of B.A.M.S. was found practicing in Allopathy system of medicine and running Clinical Establishment/Nursing Home without having valid license under the Adhiniyam, 2010, which is an offence punishable under Section 3 read with Section 12 of the Adhiniyam, 2010 and thereby committed aforesaid offence.

(3.) Mr. Vipin Tiwari, learned counsel for the applicant would submit that applicant is qualified medical practitioner having degree of Bachelor of Ayurvedic Medicine & Surgery and duly registered with Chhattisgarh Ayurvedic Tatha Unani Paddhati Avam Prakritik Chikitsa Board, Raipur being registration No. CG-00971/Ayurved and his application for registration under the Adhiniyam, 2010 is pending consideration before the competent authority and as such, applicant has been arrested on 05/04/2015 and charge-sheet has been filed against the applicant only for offence punishable under Section 3 read with Section 12 of the Adhiniyam, 2010. He would further submit that punishment prescribed for commission of aforesaid offence is only fine of Rs.20,000/- and he has no criminal antecedent and as such, offences are bailable and officer arresting the applicant, the trial Magistrate as well as learned Sessions Judge have committed grave legal error in rejecting his application for grant of bail in the bailable offence as in such offence bail is a matter of right leaving no discretion with them to deny bail and denial of bail to the applicant in a bailable offence is absolutely illegal as he is ready and willing to furnish bail bonds as and when directed, as such application for bail be allowed and he be released on bail.