1 ABA 70-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.70 OF 2011 Mohanlal Ghanashyamdas Talreja .Applicant V/s. The State of Maharashtra & anr. .Respondents Mr.Subhash Jha i/b. LAW GLOBAL, Advocate, for the Applicant Mrs.S.D.Shinde, APP, for Respondent No.1 - State CORAM : R.C.CHAVAN, J. DATE : 14TH FEBRUARY, 2011 P.C. . Heard the learned Counsel for the applicant and the learned APP. 2. As far as one of the conditions in the impugned Order is concerned, the Order dated 23rd November, 2010 takes care of that condition. The other condition is restraint imposed upon the applicant from practing allopathic medicine. The learned Counsel for the applicant states that the applicant has 2 ABA 70-2011 approached this Court by filing a Petition for quashing of the proceeding itself since according to him, in view of the Judgment of the Supreme Court in DR. MUKHTIAR CHAND AND OTHERS Versus STATE OF PUNJAB AND OTHERS, reported at (1998) 7 Supreme Court Cases 579, persons enrolled under the Indian Medicine Central Council Act, 1970 can practise even modern system of medicine. It is not necessary to go into the question as to whether applicant can or cannot practises allopathy, since that could be a subject matter of Petition which is already pending before another Bench. The question before me is whether the Sessions Judge could restrain the applicant from practising allopathy as a part of consideration of the grant of bail. If the applicant can practises allopathic medicine under the terms of his registration, such a restraint could not be imposed by an order granting him bail. If he cannot and if such practise amounts to an offence, applicant 3 ABA 70-2011 would face consequences. Therefore, that condition must go. 3. Criminal Application is allowed. The Order granting anticipatory bail to the applicant shall remain in force in terms of the Judgment of the Supreme Court dated 2nd December, 2010 delivered in Special Leave Petition (Cri.) No.7615 of 2009 (Siddharam Satlingappa Mhetre vs State of Maharashtra And Ors.) and applicant shall abide only by the conditions which have been mentioned in Section 438 of the Code of Criminal Procedure. (R.C.CHAVAN, J.)