Dr. Ashwani Pathak vs The State Of Madhya Pradesh
2023 Latest Caselaw 1062 MP

                                                        1
                           IN   THE      HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                           ON THE 18 th OF JANUARY, 2023
                                      MISC. CRIMINAL CASE No. 60198 of 2022

                          BETWEEN:-
                          KAMKLESHWAR MEHTO S/O LATE SHRI DHANIRAM
                          MEHTO, AGED ABOUT 48 YEARS, OCCUPATION:
                          PRIVATE JOB, R/O H.NO. 181, STAR CITY KARMETA, P.S.
                          MADHOTAL, DISTRICT JABALPUR (MADHYA PRADESH)

                                                                                  .....APPLICANT
                          (BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI NISHANT DATT
                          - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION LORDGANJ, DISTRICT JABALPUR (MADHYA
                          PRADESH)

                                                                                .....RESPONDENT
                          (BY SHRI PRAMOD THAKRE - GOVERNMENT ADVOCATE)

                                      MISC. CRIMINAL CASE No. 58596 of 2022

                          BETWEEN:-
                          DR. ASHWANI PATHAK S/O SHRI NAVAL KISHORE
                          PATHAK, AGED ABOUT 56 YEARS, OCCUPATION:
                          DOCTOR, R/O H.NO.1572 WRIGHT TOWN, CENTRAL
                          INDIA KIDNEY HOSPITAL, P.S. LORDGANJ, DISTRICT
                          JABALPUR (MADHYA PRADESH)

                                                                                  .....APPLICANT
                          (BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI NITIN DUBEY -
                          ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH P.S.
                          LORDGANJ. DISTRICT-JABALPUR (MADHYA PRADESH)

Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 1/19/2023
11:54:55 AM
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                                                                                          .....RESPONDENT
                          (BY SHRI PRAMOD THAKRE - GOVERNMENT ADVOCATE)

                                These applications coming on for admission this day, the court passed
                          the following:
                                                               ORDER

Applicant Kamleshwar Mehto has filed first application bearing M.Cr.C. No.60198/2022 under Section 439 of Cr.P.C. and applicant Dr. Ashwani Pathak has filed second application bearing M.Cr.C. No.58596/2022 under Section 439 of Cr.P.C. for grant of bail, who are in custody since 29.08.2022 in connection with Crime No.507/2022, registered at Police Station Lordganj, District Jabalpur (M.P.), for commission of offences punishable under Sections

419, 420, 467, 468, 471, 474 and 34 of IPC and under Section 8, 10 of Establishment Act, 1973 and Amendment Act, 2008 related to M.P. Treatment Home.

2 . Learned Senior counsel appearing for applicants submitted that offence under Section 467 of IPC is not made out against the applicants. Even if the allegations made in the charge-sheet at their face value is taken to be true. It is submitted that valuable security will or any other document which creates any right at law or interest or which is for transfer of money of property has not been created by applicants. There is no forgery of such documents. Document in question which is alleged to be forged is a pathology report which does not comes within purview of Section 467 of IPC. It is submitted that offence under Section 467 of IPC is punishable up to two years of imprisonment and offence under Section 468 of IPC is punishable up to seven years of imprisonment. In other offences also sentence is up to seven years. It is submitted that at this stage, it cannot be said that applicants are guilty of offences and they cannot be kept behind jail as punishment. It is submitted that investigation is complete and Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 1/19/2023 11:54:55 AM

charge-sheet has already been filed. Offences are punishable up to seven years of imprisonment and as per the various judgments passed by the Apex Court, accused may not be arrested by police for offences punishable up to seven years, if police does not have any apprehension or threat that applicant will tamper with evidence or threaten the witness of the case or any other act which will be prejudicial to the fair trial. In these circumstances, applicants namely Kamleshwar Mehto and Dr. Ashwani Pathak be released on bail.

3. Learned Govt. Advocate appearing for the respondent/State opposed the prayer for grant of bail and submitted that applicants have committed white collar crime. They have abused and misused the Ayushman Card Scheme. Under said scheme, needy patients are given treatment in hospitals. Such scheme is framed so that poor persons may get treatment in hospitals thouth they may not have adequate money for their treatment. Applicants had misused the said scheme and had admitted the patients who does not fall within the siad scheme. Documents were also created and forged for taking benefit of said scheme and getting wrongful gains. It is submitted that considering white collar crime and the nature of scam which has been committed by applicants, applications filed by applicants be rejected.

4. Heard the counsel for the parties.

5. Applicants are in jail since 29.08.2022. Investigation in the case is

complete and charge-sheet has already been filed. At this stage, it cannot be said that offence under Section 467 of IPC is made out against the applicants. Rest of the offences are punishable up to seven years of imprisonment.

6. During course of argument, it has also been stated that Hospital of applicants has already been closed and it is not possible for them to indulge

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 1/19/2023 11:54:55 AM

again in said activities. It is further submitted that applicants are ready to give an undertaking or to appear before police station as and when required and they will also cooperate in trial and will attend the case regularly.

7. Considering the fact that at pretrial stage, there is presumption in favour innocence until the accused persons are found to be guilty of committing the offences.

8. Considering aforesaid circumstances of the case, bail applications i.e. M.Cr.C. No.60198/2022 and M.Cr.C. No.58596/2022 filed by applicants are allowed.

9. It is directed that applicant - Kamleshwar Meho in M.Cr.C. No.60198/2022 and applicant - Dr. Ashwani Pathak in M.Cr.C. No.58596/2022 shall be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial court.

1 0 . The applicants shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.

11. C.C as per rules.

(VISHAL DHAGAT) JUDGE sp/-

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 1/19/2023 11:54:55 AM