APURWA VAIDYANATH MANDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed for suspending the sentence imposed in R.T.C. No.103/2010 by Judicial Magistrate First Class (Court No.11), Ahmednagar on 24.04.2013 holding the applicant guilty of committing offence punishable under Section 33(2) of Maharashtra Medical Practitioners Act, 1961 and sentencing him to undergo rigorous imprisonment for two years and fine of Rs.2,000/-, in default to suffer simple imprisonment for three months, as well as stay to the Judgment and order in Criminal Appeal No.280/2014 by learned Sessions Judge, Ahmednagar dated 04.01.2020.

(2.) Heard both sides.

(3.) It has been vehemently submitted on behalf of the applicant, that the learned Trial Judge had erred in convicting the applicant for the offence punishable under Section 33(2) of Maharashtra Medical Practitioners Act, 1961. It was the prosecution case, that the accused was found giving medical treatment without having any certificate of authorization of Maharashtra Medical and Indian Medical Council on 23.01.2010. The applicant has Diploma in Naturopathy, which he has undertaken from Rural Naturopathy Organization, Aurangabad. He has acquired experience and therefore, he was giving the only massage like treatment, which is permissible under Naturopathy. The evidence, that has been, adduced by the prosecution would show that the panch witness though stated that B.P. machine, Stethoscope and different types of tablets were found, yet had not seen the applicant administering drug of allopathy to the patient. Since the applicant was giving treatment, the people in the village were calling him as 'Doctor' and it has nothing to do with the decree. The evidence does not disclose, that in any way the applicant was practicing allopathy. Further, during the course of the trial as well as appeal the applicant was on bail and he has not misused the liberty. Therefore, till the revision is heard and disposed of, he need to be released on bail by suspending the sentence. Reliance has been placed on the following decisions :