P L D 1993 Lahore 110 (PLP)

it is not denied that the petitioner is not a qualified medical practitioner and holds no diploma, degree or other educational certificate entitling him to practise the scientific medical system. It is also not denied that the petitioner did claim himself to be a doctor and did represent that he was holding the degree of M.B.,B.S. as also a licence issued to him by the Pakistan Medical Council entitling him to be a scientific medical doctor.

2. The learned counsel for the petitioner argues that since he had not used the name of another person, therefore, the offence if any, committed by him did not fail within the mischief of "impersonation' as defined by section 416 of the P.P.C. The provisions of section 416 of the P.P.C. do not envisage that 'a A6 person must represent himself to be another specific or identified person by name'. A doctor is also supposed to be a person and the petitioner did claim himself to be a doctor which he was not. The conduct or the act of the petitioner, in question, would thus fall within the purview of section 416 of the Pakistan Penal Code.

3. In this view of the matter, it cannot be said that the offence punishable under section 419 of the P.P.C. was not attracted in the case of the petitioner.

4. The learned counsel next contended that in any case the offence under section 419 of the P.P.C. did fall out of the prohibition contained in section 497(l) of the Cr.P.C. and the petitioner was I thus entitled to grant of bail.

5. It is true that grant of bail in cases which fall outside the prohibitory clause, is a rule and refusal of bail in such like cases is an exception. But this does not mean that all persons accused of such like offences must be automatically released on bail, mechanically and as a matter of routine. Needless to mention that in such like matters and in fact in exercise of all discretionary powers and in the matter of grant of all discretionary reliefs, the requirements and dictates of equity are the crucial guiding factors.

6. The petitioner holds the M.B.,B.S. Degree and a licence by the Pakistan Medical Council, which are forged documents. He has been using them. He has been practising the scientific system of medicine representing himself to be qualified doctor, for the last about thirty years. What damage he must have caused to the ailing people, is any body's guess. The conduct of the petitioner who not only dishonestly claimed himself to be a qualified medical doctor but even practised medicines as such and thus having played with the health and the lives of the people for such long years, is not a kind of conduct which could entitle him to the grant of any concession by this Court.

7. Consequently find no merit! in this petition which is accordingly dismissed.

8. But before I part with this order, I must observe that such a conduct of a person is also punishable under the Medical and Dental Degrees Ordinance No_XXVI of 1982 as also under the Medical Council Ordinance of 1962. N.H..O./G-105/L Bail refused.