(Order below Exh.1)
A.B.A.No.1040/2022
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT
NASHIK
ANTICIPATORY BAIL APPLICATION NO.1040 OF 2022
Smt. Hira Ravindra Kanoj, age–57 ]
yrs., R/o. Golden Park-B-2, Near ]
Ketaki Society, Mhasrul, Nashik.
] .. Applicant/accused
V/s.
The State of Maharashtra
]
Through– P.I. Nashik Taluka Police ]
Station.
]
..Respondent/prosecution
Advocate Shri.M.Y.Kale for the applicant/accused.
APP Smt.Aparna Patil for the State.
ORDER BELOW EXH.1
This is an application filed under Section 438 of the
Criminal Procedure Code for offence punishable under Sections 420,
468, 471, 467 r/w. 34 of the IPC in C.R.No.151/2022 registered with
Nashik Taluka Police Station.
2.

Facts of the prosecution case can be summarized as
follows The complaint lodged by Khagendra Dinkar Tembhekar,
Police Inspector with additional charge of SDPO, Head Quarter,
Nashik Rural. He is handling charge of SDPO at Superintendent of
Police (in short S.P.) office at Nashik. There was inter-district transfer
committee was established by the Nashik Superintendent of Police
for Nashik Rural area including S.P. Nashik, Additional S.P. Nashik,
Office Superintendent Smt.Sanghmitra V. Fatdale and informant. It
was the Govt. Resolution No.ladh.kZ@1017@3843@izdz 469@isky&5 c
Page 1 of 8
(Order below Exh.1)
A.B.A.No.1040/2022
dated 26.10.2017 and iks-i-dz-302@Hkkx&3@d{k&9 dfu”B vkLFkkiuk@2020
dated 05.12.2020 regarding inter-district transfer portion with the
rider they should complete 8 years in original zone but in exceptional
circumstances they are entitled for inter-district transfer on
completion of minimum3 years service with permanency certificate
with any one condition out of – i) couple arrangement, ii) severe
disease to employee, wife, mother, father or won (if required they
shall collect medical opinion from the Civil Surgeon), iii) victims of
police families of Naxalite and Terrorist attacks. It is further stated
number of applications were filed for the inter-district transfer. While
scrutinizing the applications P.H. 684 Shashikant Bhanudas Kalunkhe
(confidential branch) came to know that there are 16 applications of
the police employees are with serious objections irregularities, bogus
and sham medical documents with bogus and sham medical
certificates by the Civil Surgeon. The most allegations against the 16
police employees are i) mostly the medical certificate are pertaining
to the angiography with seal and signature by the Additional Civil
Surgeon, Nashik in 15 cases and in one case by Additional Civil
Surgeon, Dhule, ii) These medical certificates issued by the
Additional Civil Surgeon are without date of admission and
necessary documents, iii) If certificates are without mentioning the
necessary clinical investigation carried out with the name of hospital
and the operation if any, iv) serious allegation against this applicant
by alteration in the original applications of the police employees and
without verifying the documents, she has mentioned, “completed”
(ijhiq.kZ) proposal for inter-district transfer. Accordingly, the offence
has been registered against the applicant as well as Medical Officer
at Civil Surgeon, Civil Hospital, Nashik and Medical Officer at Civil
Page 2 of 8
(Order below Exh.1)
A.B.A.No.1040/2022
Surgeon, Civil Hospital, Dhule under Sections 420, 468, 471, 467
r/w. 34 of the IPC.
3.

The facts of the applicant’s case is that, she is falsely
implicated in this case. She is looking after charge of senior clerk in
the office of S.P. Nashik Rural. The committee for the inter-district
transfer of the police employees has been established in the Nashik
Rural Police Force and the said committee has been an integral part
of the Superintendent of Police, Nashik (Rural). She is only
discharging duty as senior clerk and obviously she is not expert to
check the correctness or otherwise of the medical certificates and
other documents issued by the medical officers attached to the Civil
Hospital in the State of Maharashtra. It is duty of the inter-district
transfer committee examining the said transfer proposal before
giving approval for the inter-district transfer. Inter-district transfer
committee found insufficient information accompanied with the
medical reports showing that the relatives of the police constables
had undergone procedure of angiography.

All the medical
certificates were issued by the Medical Officer of Civil Surgeon,
Nashik Civil Hospital (accused No.2) and medical officer at Civil
Surgeon, Civil Hospital, Dhule (accused no.3) and therefore she is
not responsible for the same. She never committed anything wrong
by writing on the applications for said transfer proposal.
4.

All the 16 police employees who submitted their
applications for the inter-district transfer have been referred in the
FIR Exh.A as the applicants No.1 to 16 and not as the accused. In
such circumstances, it is ridiculous of making charge against the
applicant lady only. Hence, prayed for enlargement on pre-arrest bail.
Page 3 of 8
(Order below Exh.1)
5.

A.B.A.No.1040/2022
I have heard Ld.Adv.Mr.M.Y.Kale, who vehemently
submitted that the objection to release on bail are without sufficient
ground. The applicant never tamper with the medical certificate. She
has been suspended by the Superintendent of Police. It is the accused
nos.2 and 3 medical officer who are responsible. Her statement is
recorded.
6.

I have heard Ld. APP Smt.Aparna Patil alongwith I.O.

Sarika Ahirrao at considerable length. It is vehemently submitted
that applicant has not verified the proposal. She has altered and
added word, “Angiography Done” for personal interrogation her
custody is required being prime accused.
7.

I have heard both side. Perused the pleading, all
documents, case diary, FIR etc.
8.

After hearing both side I have framed following points for
my determination and answered with its findings as follow :
1
2
POINTS
FINDINGS
Whether applicant/accused is entitled
for enlargement of pre-arrest bail
under Section 438 of the Cr.P.C. for the
offence punishable under sections 420,
468, 471, 467 r/w. 34 of the IPC. ?

.. No
What order ?

.. Bail application
rejected
REASONS
AS TO POINT NO.1 :9.

The Investigating Officer Smt.Sarika Ahirrao when
inquired about action against medical officer and 16 police
Page 4 of 8
(Order below Exh.1)
A.B.A.No.1040/2022
employees, she has failed to give proper explanation for not taking
action against the two other accused i.e. Medical Officers as well as
the applicant on whose action the FIR must have been lodged for
forged, bogus and fabricated medical documents. I have gone
through the case diary of C.R.No.151/22 which is produced by the
I.O. It reveals an offence was registered on 14.8.2022 against the
applicant who is suspended already and 2 medical officers of Nashik
Civil Hospital, 3 medical officers of Dhule Civil Hospital and
colleagues of accused nos.1 to 3 since 14.8.2022 till passing the bail
order. Case diary as well as all the documents submitted by I.O.
nowhere reveals the important facts that a notice has been issued to
the 16 applicants for taking inquiry in the serious allegations of the
forged documents, forged medical certificates. There is no concrete
steps taken by the I.O. and by making inquiry with the medical
officer at Civil Hospital at Nashik and Dhule respectively. The case
diary no.1 dated 14.8.2022 reveals that notice under Section 41-A by
Outward No. 1942/22 and 1941/22 has been sent to the accused
no.2 to 3 respectively, whereas the case diary dated 19.8.2022
reveals column 15 “accused no.1 to 3 when try to search out in
Nashik Commissionerate area they could not found. It is regret to
mention about unfortunate state of affairs by Investigating Agency
that Civil Surgeon at Nashik (Class-I) and Civil Surgeon at Dhule
(Class-I) and employee who is senior clerk under the aegis of
Superintendent of Police office cannot be found to investigating
officer. The offence seems to be alleged racket for the wrongful gain
to the accused and wrongful loss to the State Government Agency. It
is settled principles of law that the ‘jail is exception and bail is rule’.
Considering the severity with the while collar crime at the instance of
the public servant, I am of the considered opinion the above principal
Page 5 of 8
(Order below Exh.1)
A.B.A.No.1040/2022
is not applicable. I have gone through all the medical certificates and
the medical documents submitted by the I.O.; while making the
arguments; one of the medical documents regarding Madhukar
Mahadu Date issued by Ankita Hospital the Civil Surgeon office
medical certificate on 5.8.2021 with observation CABG/PCI-medical
terminology CABG/PCI percutaneous coronary innervation (PCI,
coronary known as Angiography) is non surgical procedures that
uses a catheter (thin flexible tube to place a small structure called a
stent to open up blood vessels. CABG surgery likely preferred for
high risk patient. The recommendation by the Civil Surgeon
certificate
“IHDC
Angioplasty
done”.

It
reveals
that
in
(1)
operation/delivery notes – blank, (2) Surgeon opinion – blank, (3)
Consultant opinion – blank, (4) paid stamp but without amount, (5)
no bills attached with the medical documents, (6) no admission
details.
10.

I know their is limited role has to play by the judge while
passing pre-arrest bail application order. It seems that there is smell
of suspicious investigation by the investigation agency which needs
to be carry out thoroughly. Looking into serious facts and
circumstances of case in which there is allegations of forgery for the
purpose of cheating, forgery of the valuable security and use of
forged documents as a genuine for dishonest intention of all public
servant for inter-district transfer of police employees. The issuance of
the false, bogus, fabricated medical certificate if any, needs to be
thoroughly investigated by the investigation agency. Prima-facie it
reveals the action by the medical expert contrary to the medical
ethics which needs to be investigated. It is observed by Hon’ble
Page 6 of 8
(Order below Exh.1)
A.B.A.No.1040/2022
Supreme Court in P. Chidambaram Vs. Directorate of Enforcement,
(2020) 13 SCC 791 that,
From cumulative perusal of the judgments cited on
either side including the one rendered by the
Constitution Bench of this Court, it could be
deduced that the basic jurisprudence relating to
bail remains the same inasmuch as the grant of
bail is the rule and refusal is the exception so as to
ensure that the accused has the opportunity of
securing fair trial. However, while considering the
same the gravity of the offence is an aspect which
is required to be kept in view by the Court. The
gravity for the said purpose will have to be
gathered from the facts and circumstances arising
in each case. Keeping in view the consequences
that would befall on the society in cases of
financial irregularities, it has been held that even
economic offences would fall under the category
of “grave offence” and in such circumstance while
considering the application for bail in such
matters, the Court will have to deal with the same,
being sensitive to the nature of allegation made
against the accused. One of the circumstances to
consider the gravity of the offence is also the term
of sentence that is prescribed for the offence the
accused is alleged to have committed.
Therefore it is further observed by Hon’ble Supreme Court, therefore,
the underlining conclusion is that irrespective if the nature and
gravity of charge, the precedent of another case alone will be the
basis for either grant or refusal of bail though it may have a baring
on principle. But ultimately the consideration will have to be on case
to case basis on the facts involved therein and securing the presence
of the accused to stand trial.
11.

In the present case the charge is of cheating dishonestly
by using forged documents for the purpose of cheating. The
Page 7 of 8
(Order below Exh.1)
A.B.A.No.1040/2022
punishment of the offence under Section 467 of the IPC is to be with
life imprisonment or may extend to ten years. Prima-facie while
determining pre-arrest bail application of lady accused who is public
servant working at the office of Superintendent of Police, it is
necessary to verify the role played by these applicant while making
alterations, addition in the original applications of 16 police
employees, which were applications for inter-district transfer, made
before the committee established by Superintendent of Police Nashik
(Rural). To find out the truth or otherwise case to find the role
played by Civil Surgeon Office Nashik and Dhule, 16 police officials, I
am of the considered opinion that custody of lady applicant is
material. This is not the case for grant of pre-arrest bail. Her custody
in a serious offence of cheating, forgery as a public servant in
hatching conspiracy with Medical Officers of Nashik Civil Hospital
and Dhule Civil Hospital in consonance with 16 police officials, is
very material. Custodial interrogation is required to unveil truth.
Considering serious gravity of offence having smell of Racket with
the other two accused who are yet to be arrested and 16 employees
who are also yet to be arrested. Hence, I answer point no.1 in the
negative and pass following order ORDER
1.
2.

Bail Application below Exh.1 being devoid of merit
is rejected.
Criminal Bail Application stands disposed of
accordingly.
UMESHCHANDRA
JAIKUMAR MORE
Nashik.
Date : 05.09.2022
Digitally signed by
UMESHCHANDRA
JAIKUMAR MORE
Date: 2022.09.06
16:11:14 +0530
(Dr. U.J. More)
Additional Sessions Judge
Nashik.

Page 8 of 8