Mumbai, August 29, 2022 – The Sessions Court for Greater Bombay has rejected the bail application of Nelkanth Namdev Misal, a 65-year-old medical practitioner, accused in a case involving the issuance of fraudulent Bachelor of Ayurvedic Medicine and Surgery (BAMS) certificates. The order, passed on August 24, 2022, by Additional Sessions Judge Shri. S.D. Kulkarni in Court Room No. 30, cited the accused’s “different role” compared to co-accused who are already on bail, his previous conviction, and the high likelihood of him tampering with evidence or fleeing justice if released.
Misal was arrested in connection with Crime No. 433/2020 registered at Dharavi Police Station. He faces charges under Sections 419 (cheating by personation), 420 (cheating and dishonestly inducing delivery of property), and 336 (act endangering life or personal safety of others) of the Indian Penal Code, as well as Sections 33, 33(A), and 36 of the Maharashtra Medical Practitioner (Registration) Rules 1961.
In his bail application (BA 1869/22), Misal argued that co-accused in the same case had already been granted bail. He also stated that he had been in jail for the past two years, the investigation was complete, and the charge-sheet had been filed, thus negating any possibility of him threatening witnesses or tampering with evidence. Furthermore, he claimed to be a permanent resident of his given address in Ahmadnagar.
However, the prosecution vehemently opposed the bail application. The Assistant Public Prosecutor (A.P.P.) Lade argued that releasing Misal would likely lead to him committing similar offences. The prosecution also contended that the accused was not a permanent resident of Mumbai and that his custodial interrogation was necessary for a detailed investigation.
After carefully considering the application, the prosecution’s arguments, and perusing the First Information Report (FIR) and witness statements, Judge Kulkarni delivered the order rejecting Misal’s bail plea.
The court’s order highlighted the crucial role allegedly played by Misal in the scam. The records revealed that the applicant/accused was operating a “paramedical center” and was involved in issuing BAMS certificates to various students. These certificates were then allegedly used by the students to establish unauthorized clinics. The investigation had reportedly uncovered several bogus certificates, stationery, and other materials used for creating these false documents.
Distinguishing Misal’s role from that of the co-accused who were granted bail, Judge Kulkarni labeled him as the “primae accused” – the principal offender. Adding further weight to the rejection, the court noted that Misal had a previous conviction in the Metropolitan Magistrate District Court Sangli, leading to the observation that he could be considered a “habitual offender.”
“Many similar cases registered against him therefore, in my opinion if accused release on bail there is possibility of tampering prosecution evidence and flee away from the justice,” the order stated, underscoring the court’s apprehension regarding the potential obstruction of justice if Misal were released.
Based on these observations, the court concluded that Misal was not entitled to bail and accordingly rejected his application. The order officially disposes of Bail Application No. 1869 of 2022.
The detailed order, dictated on August 24, 2022, transcribed on August 25, 2022, and signed by His Honor Judge Kulkarni on August 25, 2022, was uploaded on August 29, 2022. This case serves as a stark reminder of the stringent stance taken by the judiciary against individuals involved in the creation and distribution of fraudulent medical credentials, especially when the accused has a history of similar offences. The rejection of bail underscores the court’s commitment to ensuring a fair trial and preventing potential threats to public health and safety that could arise from unqualified practitioners operating on the basis of bogus certificates.