Pratapsinh Bhimsinh Sindha v. State Of Gujarat

ORAL ORDER

1. The present Criminal Miscellaneous Application has been filed by the Applicant - Original Accused for grant of Regular Bail, which is a successive bail application after the earlier bail application being Criminal Misc. Application No. 13372 of 2011 was withdrawn as per order dated 3rd October, 2011 on the medical ground.

2. The Complainant has filed a detailed affidavit opposing such Regular Bail application and the learned APP Mr. H.L Jani has also made the submission.

3. There was a specific point made in the affidavit filed by the complainant that the false certificates have been produced to get the bail on medical ground. On scrutiny of the papers, the Court thought it desirable to have further verification. Therefore it was directed that the I.O may cross-check with regard to the certificates and the opinion given by both the Doctors, i.e Dr. Darshan Banker and Dr. Sangeeta Jain.

4. The statements which have been produced today by learned APP Mr. H.L Jani, Dr. Sangeeta Jain has clearly stated that she has never examined any such patient and the letter-pad on which her certificate is produced is not genuine and she has never issued any such certificate. Dr. Darshan Banker, whose papers and treatment, the Applicant - accused is said to have taken, and on the basis of the case papers and the certificate of Dr. Darshan Banker the Applicant has claimed the bail on medical ground, in the statement of Dr. Darshan Banker - recorded by the I.O, he has clearly stated that he had treated the accused and had issued the certificate along with the papers like Cardiogram. However, he has stated that except these papers of the blood report and Cardiogram, no other papers have been given by him and there is some interpolation in the reports which have been produced. He has specifically stated in his certificate dated 7.5.2012 that his Corollary Angiography was normal and he has given the original papers.

5. It is in these circumstances, after the papers were produced and the submissions were made, learned Advocate Mr. M.A Parekh for the Applicant does not press this application and seeks permission to withdraw this application.

6. Though he is not pressing this application, a serious note has to be taken of such instances where the accused in order to get the bail on medical ground has tampered with the medical certificates or the papers.

7. Therefore, it is directed that it will be open for the I.O to made a report with regard to the interpolation in the papers or the report of Dr. Darshan Banker and thereafter on the basis of such report, further steps under Section 340 of the Criminal Procedure Code for registering the offence could be taken. Such a report shall be submitted by the I.O on or before 12th June, 2012 and thereafter necessary directions will be issued.

8. The matter is stand over to 12 June, 2012.

9. The statements of both the Doctors produced by learned APP Mr. H.L Jani is ordered to be taken on record.