PhD certificate does not fall within ambit of valuable security under Section 467 IPC: Bombay High Court

PhD certificate does not fall within the ambit of the definition of valuable security under Section 467 (forgery of valuable security) of the Indian Penal Code, the Bombay High Court said while granting bail to a Mumbai doctor who was arrested for allegedly using a fake PhD certificate..The petitioner Dr. Swapna Patker was arrested by the Mumbai Police on June 8 for allegedly practicing at a premier hospital in Bandra (West) for at least two years by using a fake PhD degree of a clinical psychologist before she was removed from the post.A First Information Report (FIR) for offences under Sections 420 (cheating), 467 and 468 (forgery for purpose of cheating) of IPC was registered by the Mumbai Police. She had been in detention since as her bail application had been rejected by the Mumbai Sessions Court as well..Patker had approached the High Court seeking to quash the FIR and for release from detention in the interim. The State opposed the application submitting that the patent typographical and grammatical mistakes in the certificate indicated that the certificate was forged. .Finding substance in the argument, the Court however noted that alleged commission of offence punishable under Section 467 and the alleged complicity of the petitioner was to be considered during the time of investigation. At this stage, at the most the charge for the offence punishable under Section 465 can be said to have been prima facie made out, the Court stated in the order. The Bench of Justices SS Shinde and NJ Jamadar refused to delve into the issue at this stage and observed that prima facie the PhD certificate does not fall within the ambit of the definition of the term of valuable security as under Section 467..The Bench further observed that after being arrested in June 2021, sufficient time had elapsed since so as to facilitate an effective investigation. "The petitioner is a woman. In the exigency of the situation on account of COVID-19 pandemic, the aspect of continued detention of the petitioner also merits consideration. The petitioner claimed that a minor son and an old mother are dependent on her," Justice Shinde observed. The Court opined that since the offence punishable under Section 467 (punishable with life imprisonment) is not prima facie made out, the petitioner could be granted relief of bail..Advocate Abha Singh appearing for Patker assured full co-operation from Patker. Singh also assured the Court that Patker will not use her PhD certificate for any purpose and will not practice as a clinical psychologist or counsellor. .The Court directed that Patker be released on bail upon furnishing bail bond of Rs. 25,000 with one or two sureties. It also asked Patker to cooperate with the probe by appearing before the Mumbai police as and when required..[Read order]