Criminal Misc.-M No.25307 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No. 25307 of 2011 (O&M) Date of Decision: 30.08.2011 Kaptan ...Petitioner Versus State of Haryana ..Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Randeep Singh, Advocate for the petitioner. Mr. Sandeep Varmani, Additional Advocate General, Haryana. ..... RAJESH BINDAL, J. Learned counsel for the petitioner submitted that for the of- fence alleged in the FIR, no case is made out against the petitioner under Sections 269, 270, 420 IPC. It could at the most be violation of provisions of the Drugs and Cosmetics Act, 1940. Learned counsel for the petitioner while referring to a judgment of Division Bench of this Court in Dr. Barinder Singh, President, Ludhiana Medical Welfare Association Vs. State of Punjab and others 2009 (4) RCR (Civil) 117, where the issue regarding practice by self styled doctors in rural areas was involved, submitted that they have to be dealt with in terms of provisions of the Drugs and Cosmetics Act, 1940 and also Section 15 (3) of the Indian Medical Council Act, 1956, where the punishment is imprison- ment for a term which may extend to one year or with fine to the extent of ` 1,000/- or both. On the other hand, learned counsel for the State submitted that the offence of cheating is clearly made out against the petitioner as he was Criminal Misc.-M No.25307 of 2011 2 playing with the health of the people by projecting himself as a medical practitioner. After hearing learned counsel for the parties and considering the provisions of Section 15 (3) of the Indian Medical Council Act, 1956 and also the judgment of Division Bench of this Court in Dr. Barinder Singh’s case (supra), in my opinion, the petitioner deserves the concession of pre-arrest bail. The petitioner will appear before the Investigating Offi- cer on 08.09.2011 at 10.00 a.m. to join investigation and in case of arrest, he shall be released on furnishing of bail bonds to the satisfaction of the Inves- tigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438 (2) Cr.P.C. The petition stands disposed of. (RAJESH BINDAL) JUDGE 30.08.2011 sharmila