SAHID ALI QURESHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner prays for grant of bail pending trial in FIR No. 0031 dated 07.01.2017 registered under Sections 312, 315, 420, 467, 468, 471, 120-B Indian Penal Code(for short, 'IPC'), 18-A and 28 of the Drugs and Cosmetic Act, 1940(for short, 'Drugs Act') sections 3, 4, 5 of the Medical Termination of Pregnancy Act, 1971(for short, 'MTP Act') and section 15 of the Indian Medical Council Act, 1956(for short, 'the IMC Act') at Police Station Sector 5, Gurgaon.

(2.) Learned counsel for the petitioner submits that even if the best case of the prosecution is accepted, the petitioner at best is liable to be proceeded against under Section 5(4) of the MT.P. Act, 1882 Section 15 of the IMC Act and Section 18-A of the Drugs Act. He further submits that under the IMC Act as well as the Drugs Act only a complaint is maintainable. He relies upon a Division Bench Judgment of this Court in the case of Dr. Varinder Singh v. State of Punjab and others 2009(5) RCR(Criminal) 565. It is submitted that petitioner is in custody since 7.01.2017. No recoveries are to be effected from the petitioner. Thus, it is prayed that this petition be allowed.

(3.) Learned State counsel on instructions from ASI Rajesh, Police Station Sector-5, Gurgaon submits that challan/final report against the petitioner has been prepared and is likely to be presented soon. The other co-accused Ramesh Kumar has been arrested on 24.02.2017 and is in custody.