(Exh.1)
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Criminal Bail Application No.1333/2022
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK
BAIL APPLICATION NO.1333 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.D.Avhad for the applicant/accused.
APP Shri.R.L.Nikam for the State.
ORDER BELOW EXH.1
1.

This is second 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
(Exh.1)
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Criminal Bail Application No.1333/2022
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 implicated
in 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.D.Avhad for the applicant/accused
who vehemently submitted that applicant’s name does not reveals in FIR. He
(Exh.1)
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Criminal Bail Application No.1333/2022
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.Avhad also submitted that in
Criminal Bail Application No.1232/2022 and another bail application
Hon’ble Other Sessions Court has granted bail to the accused Dr.Swapnil
Digambar Saindane and Virendra Rajbahadur Yadav. Hence, on the ground of
parity he prayed to allow the bail application.
5.

I have heard Ld. APP Shri.Nikam 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 :
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.

(Exh.1)
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Criminal Bail Application No.1333/2022
REASONS
AS TO POINT NO.1 :8.

The Ld. Adv. Avhad 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. He is in jail since last two
months.
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- Virendra Yadavh Manager of Sahjeevan
Hospital, Nashik is arrested, 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 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
(Exh.1)
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Criminal Bail Application No.1333/2022
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.
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.

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)
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Criminal Bail Application No.1333/2022
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
(Exh.1)
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Criminal Bail Application No.1333/2022
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 it reveals that one more accused Virendar Rajbahaddur
Yadav is arrested. 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
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Criminal Bail Application No.1333/2022
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.6 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.Avhad 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. It is
noted that Ld. I.G. ( Law and Order) has taken cognizance of observations in
Para 12 in view of order dated 27.09.2022 as per law.
15.

It is unfortunate state of affairs that there is lackadaiscal
approach 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
(Exh.1)
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Criminal Bail Application No.1333/2022
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 (liftman on establishment of Civil Hospital, Nashik) by hatching conspiracy with
other medical staff of Nashik Civil Hospital in consonance with more than 15
police officers, is material. Other co-accused are arrested and investigation is
going on.
16.

But case in hand, accused has played vital role as a liftman (staff
of civil hospital) in providing bogus medical certificate to police officials
(other co-accused – who are absconding). But the applicant is in jail since
13.09.2022 till today. It is true that his earlier bail application is rejected in
Cri.Bail Appln No.1188/2022. But now there is change in circumstances as
other three co-accused are released on bail by other Sessions Court.
Applicant age is 57 years and he is at retirement stage. He has no criminal
antecedents and investigation is certainly in progress despite of it as he is in
jail for more than two months. Certificates are seized by the I.O. As far as the
apprehension of the respondent 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. Ground of parity is applicable to
the case in hand. 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
Kantilal
Rambhau
Gangurde
be
released on bail in C.R. No.151/2022 registered with
(Exh.1)
::10::
Criminal Bail Application No.1333/2022
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/(Rs.Fifty Thousand Only) with one or two surety in like
amount on following conditions.
(a) He 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) He shall not pressurize the prosecution witnesses and
complainant
in
any
way
and
co-operate
the
investigation agency.
(c) He shall not repeat the offence.
(e) If, he 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: 2022.11.09
17:41:10 +0530
Nashik.
Date : 08.11.2022
(Dr. U.J. More)
Additional Sessions Judge
Nashik.