(Exh.1) ::1:: Criminal Bail Applic ation No.1141/2022 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK ANTICIPATORY BAIL APPLICATION NO.1141 OF 2022

Kishor Murlidhar Pagare, ]
age – 54 yrs., Occu – Service, ]
r/o. Flat No.14, Surya Complex, ]
Tapowan-Dindori Road, Dwarka, ]
Nashik Road. ] .. Applicant / accused

V/s.

The State of Maharashtra ] Through– P.I. Nashik Taluka Police ] Station ] .. Respondent/prosecution

Advocate Shri.J.S.Shaikh for the applicant/accused.

APP Shri.Kadave for the State.

ORDER BELOW EXH.1

1.This bail application is filed u/s. 438 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 year s 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 implicated in this case. He has no concerned with the case. He is clerk in the Civil Hospital, Nashik and he has responsibility of bread and butter of his family. The FIR is silent about his role. The medical officer has right to issue medical certificate and signed on it. He has doing his work as directed by his senior Addl. Civil Surgeon. All documentary evidence are already seized. Therefore, arrest of applicant is not necessary. He has no criminal antecedents. Hence, prayed for pre-arrest bail.

4.I have heard Ld.Adv.Mr.Shaikh for the applicant/accused who vehemently submitted that applicant’s name does not reveals in FIR. He released from his job on 28.07.2020. Without his physical custody the
investigation can be carried out. Therefore, arrest of applicant is not necessary. 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 pre-arrest bail.

5.I have heard Ld. APP Shri.Kadave alongwith I.O. Sarika Ahirrao at considerable length. It is vehemently submitted that applicant has not prepared bogus certificate. Hence, his personal custody is required for interrogation purpose being prime accused.

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
1 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, 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 Clerk to the office of Civil Surgeon has dealing with other work and not with issuing medical certificate subject to verification of all medical documents of the patient examined by the then
CMO. Therefore, he has played limited role. 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 were arrested. I.O. Smt. Sarika Ahirrao submitted that she was busy in the Grampanchayat Election and the investigation is going on. Total accused played in the case as per case diary dated 17.9.2022 is 29 29 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. 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 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. In this particular case the role played by the then Medical Officer who has recommend the case of police officers for filing medical certificate to the office of Civil Surgeon and applicant in the capacity as Civil Surgeon and on preparation of medical
certificate by this applicant, he certainly played major role by issuing bogus/sham medical certificate without verifying its authenticity of medical documents produced by the police officers.

9.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 in certificate “IHDC Angioplasty done”. It reveals that (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 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 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.

Suspecious 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 anticpiatory bail application of Smt.Hira Kanoj (Clerk, S.P. Office, Nashik) was rejected by this Court. The Anticipatory bail application of Dr.Kishorprasad Shreevas (Additional Civil Surgeon), Dr.Nikhil Saindane (Chief Administrative Officer , Civil Hospital, Nashik) are also rejected. The process of filing the bail applications/pre-arrest bail application is going onsince filing of FIR. It was specifically made observation about suspicious investigation in serious racket in Civil Hospital, Nashik, from 14.08.2022 till today on 27.09.2022 (44 Days) 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.

12.Today, 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) (none of private doctor including Dr.Swapnil Saindane, Pravbhavati Hospital, Ashok Nagar, Satpur, Nashik made any pre-arrest bail application). All of them neither made bail application nor attended police station and roming 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 happer investigation.

13.Ld. DGP is directed to place this copy of order before Ld. Addl.D.G. (Law & Order) for informantion only.

14.It is unfortunate state of affairs that there is lackadaisical 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 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. Therefore, to unveil truth, physical custody of the applicant is required. His custody in serious office of cheating, forgery as a public servant (clerk 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. Custodial interrogation is required to unveil truth. 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: 2022.09.27 18:25:10 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 27.09.2022 Nashik.