While hearing a Bail application, Allahabad High court ordered the Medical Council of India to conduct an inquiry against doctors of V- BROS Hospital (Opp. Regency Garden), Saharanpur, for making an alleged false medical report. There were discrepancies between the report submitted by the government hospital and the private hospital.
Facts:
An application has been filed seeking the applicant's release on bail in the Case under Sections 147, 148, 149, 323, and 307 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”). The case has been registered against the applicant, and some unknown persons alleging that the applicant had called the informant and informed his cousin through a phone that the applicant and other persons beat him up and shot him; he was injured and was reaching Government Hospital.
Medico-legal examination report of the informant's injured son mentioned three injuries. The injuries were caused using hard and blunt objects. The injured was after that taken to a private hospital, and the case summary of the injured prepared by a Doctor mentioned that the patient was presented in the Emergency Ward with A/N/O assault injury of a gunshot at by some unknown people. He was brought from the government hospital, where he was given primary treatment and P.I., and MLC was done. The X-ray examination of the injured did not mention any abnormal injury. A supplementary affidavit has been filed disclosing the applicant’s involvement in a case under Sections 323, 504, 326, and 354 IPC. The Police had submitted the final report in the aforesaid case, which the Chief Judicial Magistrate accepted.
Contentions of the Parties:
The applicant contended that he was innocent and has been falsely implicated in the present case. It has been stated that besides the aforesaid case, the applicant has no other criminal antecedents.
The respondent opposed the prayer for the grant of bail.
Observations of the Court:
The Court observed that even though Injured Victim stated that a bullet hit him on his chest, the report prepared by the government hospital disclosed no such gunshot injury. Without going into the merits of the case, the Bench noted that the facts of the present case were sufficient for granting bail.
It was also pointed out by the High Court that as per the case summary prepared by a private doctor, there were 2 gunshot wounds on the front side of the chest. It is highly improbable that the bullet enters from the front side and causes an exit wound too on the front side. Therefore, the Court concluded that it’s a possibility that the doctor preparing the said report might have colluded with the injured person to falsely implicate the accused persons.
The decision of the Court:
The said incident raised serious suspicion regarding the conduct of Dr Lalit Kaushik and Dr Imran of V- BROS Hospital, who examined and treated the injured. Therefore, the Allahabad High Court directed the Medical Council of India to conduct an inquiry into
the conduct of the aforesaid Doctors, namely, Dr Lalit Kaushik and Dr Imran, and to take suitable action against them pursuant to the enquiry report.
Case Name: Ghanshyam Pandit V. State of U.P.
Case No: Criminal Misc. Bail Application No. - 42581 of 2022
Coram: Hon'ble Justice Subhash Vidyarthi
Advocates for Applicant: Sunil Kumar Srivastava
Advocates for Respondent: G.A., Mohit Kumar
Read Order @LatestLaws.com
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