Bombay High Court
Santosh Arjun Chavan vs The State Of Maharashtra on 28 November, 2017
Bench: V.K. Tahilramani
25. Cri. WP 2397-17.doc
DDR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 2397 OF 2017
Santosh Arjun Chavan ...Petitioner
vs.
The State of Maharashtra ...Respondent
...........
Mrs. Farhana Shah, Advocate for the petitioner.
Mr. Arfan Sait, A.P.P. - State.
...........
CORAM : SMT. V.K. TAHILRAMANI &
M.S.KARNIK, J.J.
DATE : 28th NOVEMBER, 2017.
ORAL JUDGMENT (PER SMT. V.K. TAHILRAMANI, J.):-
Heard both sides.
2. The petitioner preferred an application for parole on
1/7/2016 on the ground of illness of his wife. The said
application was rejected by order dated 28/10/2016. Being
aggrieved thereby the petitioner preferred an appeal. The appeal
was dismissed by order dated 18/2/2017. Hence, this petition.
25. Cri. WP 2397-17.doc
3. In order to substantiate the fact that the wife of the
petitioner is ill, the petitioner has relied on ten medical
certificates. The certificates are dated 27/5/2016, 27/5/2016,
20/7/2016, 18/9/2016, 18/9/2016, 19/10/2016, 30/12/2016,
27/2/2017, 30/3/2017 and 7/4/2017. The first two certificates
are dated 27/5/2016. They are purportedly signed by Dr. D.P.
More. The first certificate shows that it is signed by Dr. D.P.
More, who was attached as Medical officer to the Primary
Health Center at Bhandarkavathe in South Solapur, District
Solapur. The second certificate which is also dated 27/5/2016 is
also purported to be signed by Dr. D.P. More. However, this
certificate shows that it was issued by the Primary Health
Center, Itkur, Taluka Kalamb, District Osmanabad. Thereafter,
there is one certificate dated 20/7/2016 and two certificates
dated 18/9/2016, which are also purportedly issued by Dr. D.P.
More, attached to Primary Health Center, Itkur, Taluka Kalamb,
District Osmanabad. Thereafter, there are five certificates dated
19/10/2016, 30/12/2016, 27/2/2017, 30/3/2017 and
7/4/2017. All these certificates are of Primary Health Center,
25. Cri. WP 2397-17.doc
Itkur, Taluka Kalamb, District Osmanabad. These certificates are
purportedly signed by Dr. D.P. More.
4. The statement of Dr. D.P. More has been recorded on
22/11/2017 and he has stated that the signature on both the
certificates dated 27/5/2016 are not his. He has further stated
that on 27/5/2016, he was attached to Primary Health Center,
Bhandarkavathe in South Solapur, District Solapur and he has
not issued the said certificates. Except the certificates dated
27/2/2017, 30/3/2017 and 7/4/2017 as far as the year is
concerned there is overwriting. Dr. More stated that he has not
carried out any overwriting in any of these certificates. Dr. More
has stated that he was attached to Primary Health Center, Itkur,
Taluka Kalamb, District Osmanabad from 20/12/2016. Thus, it
is seen that Dr. More have not issued any certificate prior to
20/12/2016. As far as certificate dated 30/12/2016,
27/2/2017, 30/3/2017 and 7/4/2017 though they are
purportedly issued by the Primary Health Center, Itkur, Taluka
Kalamb, District Osmanabad, Dr. More states that there is no
25. Cri. WP 2397-17.doc
report of any such patient in the OPD Register at Itkur. The
statement of Dr. More and ten certificates are taken on record
and marked 'X' for identification. Thus, it is seen that the
petitioner has relied on false and fabricated certificates in order
to substantiate his claim that his wife is ill. The petitioner has
not come to the Court with clean hands. Such person does not
deserve any exercise of discretion in his favour. In view of the
above fact, no case is made out for interference.
5. Rule is discharged.
(M.S. KARNIK, J.) ( SMT. V.K. TAHILRAMANI J.)
