(Exh.1)
::1::
Criminal Bail Application No.1373/2022
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK
BAIL APPLICATION NO.1373 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 Shri.R.L.Nikam for the State.

ORDER BELOW EXH.1
1.

This is regular bail application is filed u/s.439 of Cr.P.C. for
offence under Sections u/s.420, 467, 468, 471 r/w.34 of Indian Penal Code
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@iksy&5c
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
minimum 3 years service with permanency certificate with any one condition
out of – i) couple arrangement, ii) severe disease to employee, wife, mother,
(Exh.1)
::2::
Criminal Bail Application No.1373/2022
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.
Accused no.2 and 3 also issued bogus certificate without going through the
medical certificate produced by police employee’s of their relatives and
helped to 16 police employee for inter-district transfer. Accordingly, the
offence has been registered against the applicant as well as other co-accused
i.e. Medical Officer at Civil Surgeon, Civil Hospital, Nashik and Medical
Officer at Civil 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
(Exh.1)
::3::
Criminal Bail Application No.1373/2022
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. She has not prepared bogus certificate and alteration in it. All
documentary evidence are already seized. Therefore, custody of applicant is
not necessary. She has no criminal antecedents. Hence, she prayed for bail.
4.

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. He assured that she will not abscond and fully co-operate to the
investigation agency and ready and willing to abide any condition imposed
on her. Hence, prayed for enlargement on bail. Ld.Adv.Mr.M.Y.Kale also
submitted that in Criminal Bail Application No.1232/2022 and another bail
applications Hon’ble other Sessions Court has granted bail to the accused
Dr.Swapnil Digambar Saindane and Virendra Rajbahadur Yadav. He also
submitted that the present Hon’ble Court has also granted bail in
Cri.M.A.No.1333/2022 to the accused Kantilal Rambhau Gangurde. Accused
(Exh.1)
::4::
Criminal Bail Application No.1373/2022
is in jail since last two months. Hence, on the ground of parity he prayed to
allow the bail application.
5.

I have heard Ld. APP Shri.R.L.Nikam alongwith I.O. Sarika
Ahirrao at considerable length. It is vehemently submitted that applicant has
played major role. She has altered and added word, “Angiography Done”
Other co-accused are police officials are yet tobe arrested. He
vehemently submitted that applicant has not verified the proposal.
Other accused yet tobe arrested and therefore if she released on bail she will
tamper the prosecution evidence. Hence, bail application needs to be
rejected.

6.

I have heard both side. Perused the pleading, all documents,
case diary, FIR etc.
7.

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 bail under Section 439 of
the Cr.P.C. for the offence punishable
under sections 420, 467, 468, 471 r/w.34
of Indian Penal Code ?

.. Affirmative.

What order ?

.. Bail application is
allowed.
REASONS
AS TO POINT NO.1 :8.

The case diary reveals now certain progress in the investigation
as follows Since inception of FIR only accused (1) Hira Ravindra Kanoj,
Senior Clerk (S.P. Office) (2) Kantilal Rambhau Gangurde, Lift-man, Civil
Hospital, Nashik, (3) Dr.Swapnil Digambar Saindane, Prabhavati Hospital,
Ashoknagar, Satpur and (4) Virendra Yadave, Manager, Sahjivan Hospital,
(Exh.1)
::5::
Criminal Bail Application No.1373/2022
Ambad, Nashik were arrested. Total accused played role in the case as per
case diary dated 04.10.2022 is 30 accused. Accused no.1-Senior Clerk of S.P.
Office, Nashik, accused no.2 – Lift-man of Civil Hospital, Nashik, accused
no.3 – Additional Civil Surgeon, Civil Hospital, Nashik, accused no.4 –
Additional Civil Surgeon, Civil Hospital, Nashik, accused no.5 – Senior Clerk,
Civil Hospital, Nashik, accused no.6 – Private Doctor of Prabhavati Hospital,
Nashik,
accused no.7- Virendra Yadav Manager of Sahjeevan Hospital,
Nashik is arrested, accused no.8-Medical Officer, Civil Hospital, Dhule,
accused no.9 to 29 i.e. 20 police officials and accused no.30 is also attached
to Prabhavati Hospital, Satpur. Now, it is crystal clear that the gradually
investigation has gone into the depth of bogus document scam and seen of
action is Civil Hospital, Nashik. It is unfortunate state of affairs that Civil
Hospital which is for the welfare of the general people and to take care of
the public health in Nashik District. Unfortunately, now it is entangled in
such type of racket due to the certain medical officers and staff members.
While working in the capacity of either Civil Surgeon or Additional Civil
Surgeon or Clerk (applicant/accused) should be vigilant while sign on the
medical certificate which certifies that the patient has certain heart disease
and this certificate is mandatory for inter-district transfer of the police
officers. I am not agree with the argument advanced by the Ld. Adv. for the
applicant/accused that it is responsibility of the Chief Medical Officer who
has examined all the documents and thereafter only the applicant is dealing
with other work. Normally, the protocol at Civil Hospital is to verify the
documents by the Medical Officer and Expert Doctor who only recommend
for the requisite medical certificate.
9.

In this particular case the role played by this applicant/accused
as a senior clerk in the office of S.P. Nashik Rural and she has altered
and added word, “Angiography Done”. She has not verified the
proposal of inter-district transfer.

(Exh.1)
10.

::6::
Criminal Bail Application No.1373/2022
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 these public
servants 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 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
(Exh.1)
::7::
Criminal Bail Application No.1373/2022
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.

Suspicious role of investigation by I.O. and Investigating Agency (S.P. Office,
Nashik) :11.

It is to be noted that in FIR registered on 14.8.2022 the
anticipatory bail application of (1) Smt.Hira Kanoj (Clerk, S.P. Office, Nashik)
was rejected by this Court. The Anticipatory bail application of (2)
Dr.Kishorprasad Shreevas (Additional Civil Surgeon), (3) Dr.Nikhil Saindane
(Chief Administrative Officer , Civil Hospital, Nashik) and (4) Kishor
Murlidhar Pagare (clerk of Civil Hospital, Nashik) are also rejected by this
Court. The process of filing the bail applications/pre-arrest bail application is
going on since filing of FIR. It was specifically made observation about
suspicious investigation in serious racket in Civil Hospital, Nashik, from
14.08.2022. Now, certain progress in investigation as 12 police officials
(absconding accused) made pre-arrest bail applications in Ld. Sessions Court.
12.

Sarika Ahirrao, P.I. Nashik Taluka Police Station is (I.O.) present.

She submitted that there is a progress in investigation and she has made
correspondence to S.P. Palghar, S.P. Jalgaon and C.P. Mumbai for securing
presence of absconding police officials and accordingly she has filed
correspondence made by all thre H.O.D. of absconding 17 police officials. It
reveals that the head of the department of the absconding accused (police
officials) has at-least replied at late days to the letter issued by Investigating
Officer.
(i) D.C.P. Head Quarter -2 Mumbai replied to letter issued by I.O.
by outward no.2390/2022 dated 9.11.2022 that disciplinary action will be
initiated against the absconding 12 police officials and preliminary inquiry by
outward no.161/2022 has been started against absconding police officials.

(Exh.1)
::8::
Criminal Bail Application No.1373/2022
(ii) S.P. Jalgaon by letter dated 14.11.2022 replied to letter
issued by I.O. that disciplinary action has been initiated against 3 police
officials (absconding accused) and preliminary inquiry has been initiated.
(iii) S.P. Palghar by letter dated 10.11.2022 replied to letter issued by I.O.
that preliminary inquiry started against 2 police officials (absconding
accused).
13.

It is submitted by I.O. that out of 21 police officials against
whom the offence is registered 4 police official have no nexus with the
offence and out of remaining 17 police officials (12–interim bail granted,
5–absconding). Accused Kishor Date, Dipali Sanap, Dinesh Patil, Nikita
Thombre, Amol Bacchav are still absconding. Neither they attended Taluka
Police Station, Nashik since last two and half month nor made an application
for pre-arrest bail. It reveals that there is certain progress in investigation
after observation by this Court in para no.12 of order dated 27.09.2022 and
taken cognizance of said observations by Ld. Additional Director General of
Police (Law and Order), Govt. of Maharashtra. As far as the apprehension of
the prosecution that the applicant may tamper with the prosecution evidence
for that certain condition can be imposed. Other co-accused person are
enlarged on bail in Cri.B.A.No. 1232/2022 (Dr.Swapnil Digambar Saindane,
Cri.B.A.

No.1266/2022
(Virendra
Rajbahadur
Yadav
and
Cri.B.A.

No.1310/2022 (Vivek Ravindra Thakre) by the other Sessions Court in the
same crime. Hence, this accused also entitled for bail on parity ground.
Therefore, accused needs to be released on certain stringent conditions.
Hence, I answer point no.1 in affirmative and pass following order ORDER
1.

Bail Application below Exh.1 is allowed.

2.

Applicant/accused Smt. Hira Ravindra Kanoj be
released on bail in C.R. No.151/2022 registered with
Nashik Taluka Police Station for an offence punishable
under Sections-420, 467, 468, 471 r/w.34 of Indian
Penal Code on furnishing P. R. Bond of Rs.50,000/-
(Exh.1)
::9::
Criminal Bail Application No.1373/2022
(Rs.Fifty Thousand Only) with one or two surety in like
amount on following conditions.
(a) She shall attend Nashik Taluka Police Station on
every Monday in between 11.00 a.m. to 2.00 p.m. till
filling of charge-sheet.
(b) She shall not pressurize the prosecution witnesses
and complainant in any way and co-operate the
investigation agency.
(c) She shall not repeat the offence.
(e) If, she breach any of the abovesaid conditions it
would be a cause to cancel the bail.
3.

Criminal Bail Application stands disposed of accordingly.
Digitally signed by
UMESHCHANDRA
UMESHCHANDRA JAIKUMAR MORE
JAIKUMAR MORE
Date: 2022.11.17
13:25:34 +0530
Nashik.
Date : 16.11.2022
(Dr. U.J. More)
Additional Sessions Judge
Nashik.