Baramulla, August 05: Sub-Judge Baramulla Pravin Pandoh today rejected a bail plea of a man namely Hilal Ahmad Hajam R/o Mangam Wagoora who is accused of treating people with fake MBBS/MD degrees thereby involved in practice of quacking. The Sub-Judge, who is also the Judicial Magistrate 1st Class Baramulla, observed that the discretion of bail cannot be exercised in favour of the accused especially when the investigation is in its initial stage.
Accordingly, information was received by Police Station Kreeri that the accused alleges himself to be a doctor and gives treatment to the people. The report filed by Police Station Kreeri revealed that the accused is neither a doctor nor possesses any degree but has created false documents to prove himself a doctor. It was also reported that in order to advertise himself as a doctor, accused uploaded a post on Facebook alleging himself to be a doctor with degrees in MBBS and MD but in fact accused does not possess any such degree. On the basis of the information FIR N0.77/2020 u/s 419, 420, 468 was filed and the accused was arrested on 24/07/2020.
However the Applicant/accused has filed the instant application for grant of bail on the ground that the accused is a respected member of the society and never indulged in any criminal activity against the state or against the society. It was also submitted by the applicant the accused is the sole bread earner of his family and in his absence the family of the petitioner will face hardships, starvation and will come to road side. Moreover, it was also submitted that the pandemic disease Covid-19 is spreading throughout the world and has serious effects upon the lives of the people at large and in case the accused is not released on bail, there is every chance that he may get infected in jail due to presence of large number of prisoners while as the Hon’ble Supreme Court has taken lenient view regarding the release of under trials.
Prosecution has filed objections and objected the application on the ground that the involvement of the accused in the commission of offences are highly grave and serious besides non bailable in nature. Accused cannot claim bail as a matter of right. The prosecution further filed that the accused was providing the medical treatment to innocent people from last several months thereby playing with the lives of the innocent people and had also looted the public. It was also filed that if the accused is released on bail at this stage there is very apprehension that he will get encouraged and will repeat the crime.
