Sharad Dhanraj Deore vs The State Of Maharashtra
2023 Latest Caselaw 5262 Bom

                                                               939-appln-1881-2023.odt
                                       (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                    CRIMINAL APPLICATION NO.1881 OF 2023
                   IN REVN/157/2023 WITH REVN/157/2023

                     SHARAD DHANRAJ DEORE
                                VERSUS
                   THE STATE OF MAHARASHTRA
                                   ...
  Advocate for Applicant : Mr. Sohail Subhedar h/f Mr. N.S. Ghanekar
           APP for Respondent/State : Ms. V.N. Patil Jadhav
                                   ...
                                   CORAM : S.G. MEHARE, J.

                                       DATED : JUNE 07, 2023
 PER COURT:-

 1.               Heard learned counsel for the applicant and learned APP

 for the State.

 2.               The applicant is seeking suspension of sentence passed by

 the learned Judicial Magistrate First Class, Jalgaon in S.C.C. No.293

 of 2010 for the offence punishable under Section 33 of Maharashtra

 Medical Practitioners Act, 1961 and confirmed by the learned

 Additional Sessions Judge, Jalgaon in Criminal Appeal Nos.48 of 2016

 and 79 of 2017 dated 24.04.2023.

 3.               Learned counsel for the applicant would submit that the

 applicant has recently surrendered before the learned Judicial

 Magistrate and is behind bar.         He would further argue that the

 applicant has a good case on merit.          He is suffering from some

 diseases. He is the permanent resident of Pachora. He never jumped

 the bail granted to him. Hence, the sentence may be suspended.




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                                                              939-appln-1881-2023.odt
                                        (2)


 4.               Learned APP would submit that the offence is serious.

 The applicant was playing with the life of patients as he was involved

 in illegal and unauthorized medical practice. The applicant has no

 good case on merit. Hence, the sentence may not be suspended.

 5.               Perused the impugned judgments and orders.               There

 appears a ground to argue the revision. There are no complaints that

 the applicant has misused the bail granted to him. Considering the

 allegations levelled against the applicant, the sentence is liable to be

 suspended and he may be granted bail on certain conditions. Hence,

 the following order :

                                   ORDER

 (i)      The application is allowed.

 (ii)     The execution, implementation and effect of the sentence to

suffer SI for three months for the offence punishable under Section 33

of Maharashtra Medical Practitioners Act passed by the learned

Judicial Magistrate, Jalgaon in S.C.C. No.293 of 2010 dated

25.02.2016 and confirmed by the learned Additional Sessions Judge,

Jalgaon in Criminal Appeal No.48 of 2016 and 79 of 2017 dated

24.04.2023 is suspended till the conclusion of the trial.

(iii) The applicant shall be released on bail on executing P.B. and

S.B. of Rs.50,000/- (Rs. fifty thousand) with one solvent surety of the

like amount, on the condition that he shall not practice medicine

939-appln-1881-2023.odt

unless he has any authority or registration under Maharashtra

Medical Practitioners Act.

(iv) Bail before the learned Additional Sessions Judge, Jalgaon.

 (v)          List the matter on 21.07.2023.




                                                 (S.G. MEHARE, J.)




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