(Exh.1) ::1:: Criminal Bail Application No.1188/2022 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK BAIL APPLICATION NO.1188 OF 2022

Kantilal Rambhau Gangurde, ]
age – 57 yrs., Occu – Service, ]
r/o. Govardhan, Tal.Dist.Nashik. ] .. Applicant/accused

V/s.

The State of Maharashtra ] Through– P.I. Nashik Taluka Police ]
Station (C.R.No.151/2022) ] .. Respondent/prosecution

Advocate Shri.R.J.Kasliwal for the applicant/accused.

APP Shri.Kadave for the State.

ORDER BELOW EXH.1

1. This 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&5 c 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, 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, he is falsely implicatedin this case. He is lift-man in the Civil Hospital, Nashik since last 38 years.

The FIR is silent about his role. He has no concerned with the case. He has not prepared bogus certificate and alteration in it. All documentary evidence are already seized. Therefore, custody of applicant is not necessary. He has no criminal antecedents. Hence, he prayed for bail.

4. I have heard Ld.Adv.Mr.R.J.Kasliwal for the applicant/accused who vehemently submitted that applicant’s name does not reveals in FIR. He assured that he will not abscond and fully co-operate to the investigation agency and ready and willing to abide any condition imposed on him. Hence, prayed for enlargement on bail. Adv.Mr.Kasliwal also submitted that there is bias investigation as investigating agency has not yet arrested police officials who allegedly involved in this case. There is selective arrest of small people and freehand to big people like wise Civil Surgeon, Additional Civil Surgeon, Police Officers who yet to be arrested.

5.I have heard Ld. APP Shri.Kadave alongwith I.O. Sarika Ahirrao at considerable length. It is vehemently submitted that applicant has played role to prepare bogus certificates. He is main culprit. He has admitted in interrogation that he has taken Rs.27,000/- per police. 4 files prepared by Viarendra Yadav, who yet to be arrested and 11 files prepared by applicant/accused. Applicant has given Rs.5000/- per case to Dr.Swapnil Saindane. Other accused yet tobe arrested and therefore if he released on bail he will tamper the prosecution evidence. Hence, bail application is 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 :

POINTS FINDINGS
1Whether 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 ? .. No

2 What order ? .. Bail application rejected

R E A S O N S AS TO POINT NO.1 :-

8.The Ld. Advocate for the accused vehemently submitted that the applicant/accused in the capacity of lift-man at Civil Hospital, Nashik. He is only dealing with work of lift-man. He has not prepared any medical certificate and alteration in it. He has not issued authority of issuing any certificate. Therefore, he has not played any role.

9.The case diary reveals now certain progress in the investigation as follows –

Since inception of FIR only two 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, Ambad, Nashik were arrested. Total accused played 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- Manager of Sahjeevan Hospital, Nashik, accused no.8-Medical Officer, Civil Hospital, Dhule, accused no.9 to 29 i.e. 20 police officers 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 officer 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 (Exh.1) ::5:: Criminal Bail Application No.1188/2022 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.

10.In this particular case the role played by this applicant/accused as a lift-man to collect money from police officers and paid to co-accused to obtain bogus medical certificate. So far preparation of bogus medical certificate by this applicant, he certainly played major role by collecting illegal amount from police officers to obtain bogus medical documents.

11.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 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 (Exh.1) ::6:: Criminal Bail Application No.1188/2022 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.

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

12. 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. 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. No concrete investigation regarding role of 21 police officers made by Investigating Officer. (The crime registered due to the submission of bogus medical documents by these police officers but nobody has been arrested or released on bail or report under Section 169 of Cr.P.C. is filed on record by I.O.). Despite of taking the copy of previous bail orders by I.O., the Superintendent of Police, Nashik has not pay heed to the repeatedly observations passed by this Court by rejecting pre-arrest bail applications. It is unfortunate state of affairs despite of huge cry (जनक्षोभ) in society about the “Bogus medical documents scam”. Neither shown progress about role of police officers nor arrested Additional Civil Surgeon, Chief M.O. Private Doctors etc.

13.Today also, Sarika Ahirrao, P.I. Nashik Taluka Police Station is (I.O.) present and filed case diary with reasons as follow –

(1) Private doctor’s mobile switched off and will arrest soon.

(2) Letters issued to Head of Department of 21 police officers i.e. S.P. Jalgaon, S.P. Thane and C.P. Mumbai. (same typical reasons repeatedly was given on earlier dates in other pre-arrest bail applications).

(3) Now as per latest report out of 21 police officers 15 police officers found guilty with bogus certificates and 6 are not guilty. Still there is no concrete investigation about 15 police officers. (Note- none of police officers made pre-arrest bail application). All of them neither made bail application nor
attended police station and roaming freely. Despite of serious accusation of crime, “in bogus medical document scam at Civil Hospital, Nashik”. It is expected from the investigation agency that there would be free and fair investigation. There should not be any flawless investigation. It reveals the complicity of various public servants at Class-I level and the police officers which needs to be thoroughly Investigated; which is not done by the Investigating Officer despite of serious observations in previous bail orders. I am of the considered opinion in such type of faulty investigation real culprit may jump over and may hamper investigation.

14.No concrete progress in investigation. Despite of observation passed regarding selective investigation by the investigation agency in para no.12 and 13 of order dated 27.9.2022 it reveals that there is no respect to the observations made by this Court. It is sorry state of affairs that despite of
this displeasure regarding suspicious investigation accused no.3 to 5 and 8 to 29 are still absconding. The FIR is lodged on 14.10.2022 i.e. prior to two months. The Investigating Officer informed that the investigation team has been went to Jalgaon and recorded statement of accused Puja Gaidhani (accused at sr.no.11) and Sujata Gaikar (accused at sr.no.12) both are police official. It is to be noted that no action has been taken against both the police official except recording their statement and it is stated by I.O. that both of lady police official has played major role in commission of offence. Despite of
availability of both accused they are not arrested by the investigation agency.

There is substance in the argument advanced by the Adv.Shri.Kasliwal that selective investigation against the doctors, staff of civil surgeon office and in favour of police officials. Only producing case diary saying that there is major role played by 15 police official but no one has been arrested for the
reason well-known to the Investigating Officer and investigation agency.

Really it is mockery of justice and abuse process of law despite of passing the order dated 28.09.2022 in Anticipatory Bail Application no.1141/2022 filed by Kishor Murlidhar Pagare, no any report filed on record by the Ld. Additional Director of General Office till today.

15. It is unfortunate state of affairs that there is lackadaiscalapproach from the police department that after lapse of two weeks none from 15 police officers is appeared before the Investigating Officer at Taluka Police Station, Nashik. It is really mockery of justice and abuse of process of law. Whereas the other accused i.e. two Civil Surgeon made this application for pre-arrest bail. As far as regarding the role of Dr.Bhadange the then engaged Civil Surgeon, Civil Hospital, Dhule, I.O. submitted that he has
issued medical certificate on the medical documents of Tushar Hospital. The Doctor who is a chief of the Tushar Hospital is a Senior Citizen has replied to the notice that he is unable to appear before the I.O. I have gone through the statement of Dr.Bhadange which is also half way statement avoiding
responsibility. Considering the depth and gravity of the serious offence of the scam of the bogus medical document in which I am of the considered opinion that both clerk on establishment of Civil Hospital, Nashik i.e. applicant in this application has played major role by hatching criminal conspiracy with the 15 police officers and other members of the Civil Hospital. His custody in serious offence of cheating, forgery as a public servant and illegally take money for issuing bogus medical certificates (lift- man on establishment of Civil Hospital, Nashik) by hatching conspiracy with other medical staff of Nashik Civil Hospital in consonance with more that 15 police officers, is material. Other co-accused are arrested and investigation is going on. Considering serious gravity of offence in case of “bogus medical
document scam” and to open racket of these accused, I answered point no.1 in negative and pass following order –

ORDER

1.Bail Application below Exh.1 is rejected being devoid of merits.

2.Criminal Bail Application stands disposed of accordingly.

Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.10.15 17:56:22 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 15.10.2022 Nashik.