Gujarat High Court
Jafarmiya Hasanmiya Saiyed vs State Of Gujarat & on 7 April, 2017
Author: Z.K.Saiyed
Bench: Z.K.Saiyed
R/CR.MA/15547/2016 CAV ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 15547 of
2016
In CRIMINAL APPEAL NO. 786 of 2016
With
CRIMINAL MISC.APPLICATION NO. 16059 of 2016
In
CRIMINAL APPEAL NO. 786 of 2016
With
CRIMINAL MISC.APPLICATION NO. 16061 of 2016
In
CRIMINAL APPEAL NO. 786 of 2016
With
CRIMINAL MISC.APPLICATION NO. 16064 of 2016
In
CRIMINAL APPEAL NO. 786 of 2016
With
CRIMINAL MISC.APPLICATION NO. 16143 of 2016
In
CRIMINAL APPEAL NO. 786 of 2016
With
CRIMINAL MISC.APPLICATION NO. 16714 of 2016
In
CRIMINAL APPEAL NO. 786 of 2016
==========================================================
JAFARMIYA HASANMIYA SAIYED....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ========================================================== Appearance:
MR JIGNESH L HAJARE, ADVOCATE for the Applicant(s) No. 1 MR NJ SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE Z.K.SAIYED Page 1 of 31 HC-NIC Page 1 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER Date : 07/04/2017 CAV ORDER
1. Pursuant to the order passed in Criminal Misc.Application No.15547 of 2016 and allied matters by this Court in Criminal Misc.
Application No.15547 of 2016 the Registrar General's Office vide letter dated 05.12.2016 entrusted inquiry to Mr.V.M.Jani, Vigilance Inspector, Vigilance Cell, Gujarat High Court. Previously, Vigilance Inspector Mr.R.D.Vaja was conducting this inquiry of present case. There are total 97 Criminal Misc. Applications. The learned advocate Mr.Jignesh N.Hajare has enclosed photocopy of case papers of the treatment received by the relatives of the prisoners of the different jails of Gujarat from V.S.Hospital and U.N.Mehta Hospital which were obtained after paying necessary fees and getting name and address of the patients written on the case papers from the hospitals and thereafter, produced them before the Court and obtained temporary bail granted/rejected for the prisoners. The report of the Vigilance Officer is placed before this Court.
2. This Court (Coram: Mr.Justice G.B.Shah, J) on 11.7.2016 passed the following order : "Learned Additional Public Prosecutor for Page 2 of 31 HC-NIC Page 2 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER the respondent State to verify the contents of each medical papers and to submit the reports casewise on or before the next date of hearing which is fixed to 14th July 2016."
This Court (Coram: Mr.Justice G.B.Shah, J) on 14.7.2016 passed the following order : "Learned advocate Mr. Hajare tendering sincere apology on behalf of the applicants has sought permission to withdraw the present applications. In compliance of the order dated 11.7.2016 passed in these matters, police reports have been produced by learned Additional Public Prosecutor in Criminal Misc. Application No. 15547/2016, Criminal Misc. Application No. 16059/2016 and Criminal Misc. Application 16061 of 2016. However, police reports are awaited in Criminal Misc. Application No. 16064/2016 and Criminal Misc. Application No. 16143/2016. On perusal of the reports, prima facie, it appears that a calculative move has been made by the applicants and, in my view, this appears to be a fraud with the Court and hence, the permission for withdrawal of the Criminal Misc. Applications is hereby rejected. Learned advocate for the applicants is directed to produce original OPD Sarvar Pustika on or before 25th July 2016.
In the meanwhile, learned Additional Public Prosecutor is directed to place on record xerox copies of police verification reports by supplying a copy thereof to learned advocate Mr. Hajare for his perusal.
Page 3 of 31HC-NIC Page 3 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER S.O to 25th July 2016."
This Court (Coram: Mr.Justice G.B.Shah, J) on 25.7.2016 passed the following order : "With a view to enable the learned advocate Mr. Jignesh Hajare for the applicant to comply with the order dated 14.07.2016, S.O. to 05.08.2016."
This Court (Coram: Mr.Justice G.B.Shah, J) on 11.8.2016 passed the following order : "1. Learned Additional Public Prosecutor, Mr. K.L Pandya, for the respondent has drawn the attention of this Court on Criminal Misc. Application Nos. 16064/ 2016 and 16714/16 respectively at serial nos. 9 and 11 on today's cause list and submitted that in compliance of earlier order passed by this Court, police verification reports relating to medical papers produced by the applicants have been placed before this Court today. Thus, in all 7 cases, which are listed today at serial nos. 6 to 11, police reports have come and same are on the record. Referring to most of the reports, it appears that to give further information, the medical department of the concerned hospital had asked the original OPD of 'Sarvar pustika' and in light of the earlier report vide order dated 14.7.2016, this Court has directed all the applicants of the above referred Criminal Misc. Applications to produce the original 'sarvar pustika' and the cases were adjourned to 25.7.2016. On 25.7.2016, the learned advocate for the applicants has requested this Court that all the applicants are residing at Page 4 of 31 HC-NIC Page 4 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER Bhavnagar and he will collect the original 'sarvar pustika' as early as possible and requested to adjourn the matters to 5.8.2016.
2. On 5.8.2016, the learned advocate, for the applicants has filed leave note and, hence, the matters were adjourned to 11.8.2016. Referring to the cause list, it appears that the learned advocate for the applicants has filed leave note from 8.8.2016 to 12.8.2016. With a view to get uptodate picture relating to all the matters at a glance, following table is hereby given to render much help so far as the conduct of the applicants is concerned:
Sr. Cri. Misc. Name of the Orig. Ground Advice Name of the Remarks No. Application Accused/ Accuse Hospital No. d No. Name of the Applicant 1 15547/201 Accused 7 Father of To undergo U.N. Mehta OPD Pustika 6 Jafarmiya the Angioplasty Institute of was issued Hasanmiya accused - with Coronary Cardiology & but the seal Saiyed suffering Artery By-pass Research of each Unit through his from grafting Centre, Civil is not there in mother- serious schedule on Hospital, the pustika Muslimbanu and 02/07/2016. Ahmedabad and prima Hasanmiya massive facie, it can Saiyed heart Needs be said that pain. attendant the patient has not been treated in OPD.Page 5 of 31
HC-NIC Page 5 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER 2 16059/201 Accused 7 Wife Ovary has Civil Original case 6 Farooq @ suffering become fat. Hospital papers to be Pappu from send.
Usmanbhai heavy Hysterectomy Patient
Banfa bleeding. is planned on Somiyabanu
through his 11/07/2016.
wife- General [History
Hospital at Spine
Sofiyabanu Valsad surgery in
Farooqbhai Pvt. Hospital
Banfa
2-1/2 years
back] Spine
surgery is
required.
Operation
fixed on
08/07/2016
3 16061/201 Accused 3 Father of Angiography U.N. Mehta OPD Pustika
6 Ajimbin the on 09/07/2016 Institute of was issued
Rafiqbhai accused - Cardiology & but the seal
Atiyan suffering Research of each Unit
through his from Centre, Civil is not there in
mother serious Hospital, the pustika
Saberaben and Ahmedabad and prima
Rafiqbhai massive facie, it can
Atiyan heart be said that
pain. the patient
has not been
treated in
OPD.
4 16064/201 Accused 7 Father Spine surgery V.S. Age -
6 Sajid met with on 09/07/2016 Hospital, Corrected
Aabidbhai an Ahmedabad
Banfa accident.
through his Received
mother ankle and
Memudaben spinal
Aabidbhai injuries.
Banfa
5 16143/201 Accused 2 Wife, Opinion of V.S.
6 Sajid @ Sofia is team of Hospital,
Sajju suffering doctors of Civil Ahmedabad
Kadarbhai from Hospital,
Banfa Breast Ahmedabad
through his Cancer. she referred to
wife Sofia Gujarat
Sajidbhai Cancer
Banfa, 28 Research
years Institute for
Mammography
and only then
it can be verify
that how much
tumors are
there and in
which size.
Page 6 of 31
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R/CR.MA/15547/2016 CAV ORDER
6 16714/201 Accused 8 Mother Hysterectomy V.S. Report
6 Saied suffering is planned on Hospital, received from
Rajakbhai constant 20/07/2016. Ahmedabad Ellisbridge
Banfa heavy One constant Police
Through bleeding attendant with Station,
Mother- problem. her. Ahmedabad
Sekhaben
Rajakbhai Ovary
Banfa has
became
fat.
Considering the fact that the learned advocate for the applicants has filed leave note from 8.8.2016 to 12.8.2016, S.O to. 16.8.2016."
This Court (Coram: Mr.Justice G.B.Shah, J) on 16.8.2016 passed the following order : "1.Order dated 11.8.2016 passed by this Court reads as under:
1. Learned Additional Public Prosecutor, Mr. K.L Pandya, for the respondent has drawn the attention of this Court on Criminal Misc. Application Nos. 16064/ 2016 and 16714/16 respectively at serial nos. 9 and 11 on today's cause list and submitted that in compliance of earlier order passed by this Court, police verification reports relating to medical papers produced by the applicants have been placed before this Court today. Thus, in all 7 cases, which are listed today at serial nos. 6 to 11, police reports have come and same are on the record. Referring to most of the reports, it appears that to give further information, the medical department of the concerned hospital had asked the original OPD of 'Sarvar pustika' and in light of the earlier report vide order dated 14.7.2016, this Court has directed all the applicants of the above referred Criminal Misc. Applications to Page 7 of 31 HC-NIC Page 7 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER produce the original 'sarvar pustika' and the cases were adjourned to 25.7.2016. On 25.7.2016, the learned advocate for the applicants has requested this Court that all the applicants are residing at Bhavnagar and he will collect the original 'sarvar pustika' as early as possible and requested to adjourn the matters to 5.8.2016.
2. On 5.8.2016, the learned advocate, for the applicants has filed leave note and, hence, the matters were adjourned to 11.8.2016. Referring to the cause list, it appears that the learned advocate for the applicants has filed leave note from 8.8.2016 to 12.8.2016. With a view to get uptodate picture relating to all the matters at a glance, following table is hereby given to render much help so far as the conduct of the applicants is concerned:
Sr. Cri. Misc. Name of the Orig. Ground Advice Name of the Remarks No Applicati Accused/ Accu Hospital . on No. sed No. Name of the Applicant 1 15547/20 Accused 7 Father of To undergo U.N. Mehta OPD Pustika was 16 Jafarmiya the Angioplasty with Institute of issued but the seal Hasanmiya accused - Coronary Artery Cardiology & of each Unit is not Saiyed suffering By-pass grafting Research there in the pustika through his from schedule on Centre, Civil and prima facie, it mother- serious 02/07/2016. Hospital, can be said that the Muslimbanu and Ahmedabad patient has not Hasanmiya massive been treated in Saiyed heart pain. Needs attendant OPD.
2 16059/20 Accused 7 Wife Ovary has become Civil Hospital Original case 16 Farooq @ suffering fat. papers to be send.
Pappu from heavy
Usmanbhai bleeding. Patient
Banfa through Hysterectomy is Somiyabanu
his wife- planned on
11/07/2016.
General Hospital [History Spine
Sofiyabanu at Valsad surgery in Pvt.
Farooqbhai Hospital
Banfa
2-1/2 years
back] Spine
surgery is
required.
Operation fixed
on 08/07/2016
Page 8 of 31
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R/CR.MA/15547/2016 CAV ORDER
3 16061/20 Accused 3 Father of Angiography on U.N. Mehta OPD Pustika was
16 Ajimbin the 09/07/2016 Institute of issued but the seal
Rafiqbhai accused - Cardiology & of each Unit is not
Atiyan through suffering Research there in the pustika
his mother from Centre, Civil and prima facie, it
Saberaben serious Hospital, can be said that the
Rafiqbhai and Ahmedabad patient has not
Atiyan massive been treated in
heart pain. OPD.
4 16064/20 Accused Sajid 7 Father met Spine surgery on V.S. Hospital, Age - Corrected
16 Aabidbhai with an 09/07/2016 Ahmedabad
Banfa through accident.
his mother Received
Memudaben ankle and
Aabidbhai spinal
Banfa injuries.
5 16143/20 Accused Sajid 2 Wife, Sofia Opinion of team of V.S. Hospital,
16 @ Sajju is suffering doctors of Civil Ahmedabad
Kadarbhai from Hospital,
Banfa through Breast Ahmedabad she
his wife Sofia Cancer. referred to Gujarat
Sajidbhai Cancer Research
Banfa, 28 Institute for
years Mammography
and only then it
can be verify that
how much tumors
are there and in
which size.
6 16714/20 Accused 8 Mother Hysterectomy is V.S. Hospital, Report received
16 Saied suffering planned on Ahmedabad from Ellisbridge
Rajakbhai constant 20/07/2016. One Police Station,
Banfa heavy constant attendant Ahmedabad
Through bleeding with her.
Mother- problem.
Sekhaben
Rajakbhai
Banfa Ovary has
became
fat.
3.Considering the fact that the learned advocate for the applicants has filed leave note from 8.8.2016 to 12.8.2016, S.O to. 16.8.2016.
2.Today also, Mr. Jignesh L. Hajare, learned advocate for the applicants, has filed leave note for the period from 16.8.2016 19.8.2016. Mr. Chirag Parekh, learned advocate is present and states that he has received phone call from Mr. Jignesh Hajare requesting to seek adjournment as he has filed leave note since his father is not keeping well. This Court has considered the said fact.
3.It appears from the above order that since long direction has been issued by this Court to Mr. Jignesh Hajare, learned advocate for the applicants, to furnish Page 9 of 31 HC-NIC Page 9 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER original OPD Sarvar Pustika by granting enough time to pass on the instructions to the applicants and accordingly, I am of the view that if at all Mr. Hajare has filed leave note on the ground mentioned hereinabove, the applicants could have produced said OPD Sarvar Pustika, but it appears that none of the above referred applicants has complied with the said order passed by this Court. Considering the verification reports of the hospitals narrated in the table reproduced hereinabove, primafacie it appears that all the applicants are residents of Bhavnagar and all the family members of the accused were sick on one or the other ground as mentioned in the above table and all have allegedly taken treatment at Ahmedabad either in V.S.General Hospital or U.N.Mehta Institute of Cardiology and Research Centre. This conduct of the applicants creates doubt about the genuineness of the medical papers annexed by the applicants herein and hence, prime facie, I am of the view that unless assisted by an advocate, no applicants could have attempted to do such an act on their own. Under the circumstances, the Registry is hereby directed to place copy of this order before the Registrar General, who in turn, is directed to depute two officials who would take physical verification of all the disposed of Criminal Misc. Applications filed by Mr. Jignesh L. Hajera, learned advocate for the applicants, on the ground of medical reasons more particularly the medical papers which had been produced in the said applications related to above referred two hospitals namely, V.S. General Hospital or U.N.Mehta Institute of Cardiology and Research Centre and prepare a list of such applications and submit the Page 10 of 31 HC-NIC Page 10 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER report as early as possible and not later than a fortnight. The Registry is further directed to place copy of this order in Criminal Appeal No.786 of 2016 filed by the applicant for the information of concerned official.
Matters stand over to 24.8.2016."
This Court (Coram: Mr.Justice G.B.Shah, J) on 24.8.2016 passed the following order : "1. Mr. Jignesh L. Hajare, the learned advocate for the applicants and Mr. K. L. Pandya, the learned Additional Public Prosecutor for the respondent State, are present.
2. An Office Note dated 23/08/2016 accompanying there with the letter of even date, written by learned advocate Mr. Hajare, addressed to the Registrar General requesting to delete his name as an advocate for the applicants in the present applications, is placed on record by the registry along with the present applications, contents of which, are extracted hereunder:
Respected Sir, My registered code no. is 3994. I am appearing as an advocate for the Applicant in the group of matters as Cr. M. A. No. 15547, 16059, 16061, 16064, 16143, 16714 of 2016 on the record but one Mr. Mahesh Rathod who have handover me all the above said briefs, have already taken back the papers of all the matters from me as per the instructions and on behalf of the petitioners and now I does not have any further instructions to appear for all the applicants and so please kindly delete my name as an advocate for the petitioners in all the above said matters. Mr. Rathod has already informed the concerned person for this.Page 11 of 31
HC-NIC Page 11 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER
3. Before dealing with the aforesaid request, it is relevant to refer the earlier order passed by this Court on 16/08/2016 in which order dated 11/08/2016 passed by this Court was reproduced, which reads as under:
1. Order dated 11.8.2016 passed by this Court reads as under:
1. Learned Additional Public Prosecutor, Mr. K.L Pandya, for the respondent has drawn the attention of this Court on Criminal Misc. Application Nos. 16064/ 2016 and 16714/16 respectively at serial nos. 9 and 11 on today's cause list and submitted that in compliance of earlier order passed by this Court, police verification reports relating to medical papers produced by the applicants have been placed before this Court today.
Thus, in all 7 cases, which are listed today at serial nos. 6 to 11, police reports have come and same are on the record. Referring to most of the reports, it appears that to give further information, the medical department of the concerned hospital had asked the original OPD of 'Sarvar pustika' and in light of the earlier report vide order dated 14.7.2016, this Court has directed all the applicants of the above referred Criminal Misc. Applications to produce the original 'sarvar pustika' and the cases were adjourned to 25.7.2016. On 25.7.2016, the learned advocate for the applicants has requested this Court that all the applicants are residing at Bhavnagar and he will collect the original 'sarvar pustika' as early as possible and requested to adjourn the matters to 5.8.2016.
Page 12 of 31HC-NIC Page 12 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER
2. On 5.8.2016, the learned advocate, for the applicants has filed leave note and, hence, the matters were adjourned to 11.8.2016. Referring to the cause list, it appears that the learned advocate for the applicants has filed leave note from 8.8.2016 to 12.8.2016. With a view to get uptodate picture relating to all the matters at a glance, following table is hereby given to render much help so far as the conduct of the applicants is concerned:
Sr. Cri. Misc. Name of the Orig. Ground Advice Name of the Remarks No. Application Accused/ Accused Hospital No. No. Name of the Applicant 1 15547/201 Accused 7 Father of To undergo U.N. Mehta OPD 6 Jafarmiya the Angioplasty Institute of Pustika Hasanmiya accused with Coronary Cardiology was issued Saiyed suffering Artery Bypass & Research but the through his from grafting Centre, Civil seal of mother serious schedule on Hospital, each Unit Muslimbanu and 02/07/2016. Ahmedabad is not there Hasanmiya massive in the Saiyed heart pustika Needs pain. and prima attendant facie, it can be said that the patient has not been treated in OPD.Page 13 of 31
HC-NIC Page 13 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER 2 16059/201 Accused 7 Wife Ovary has Civil Original 6 Farooq @ suffering become fat. Hospital case papers Pappu from to be send.
Usmanbhai heavy
Hysterectomy Patient
Banfa bleeding.
is planned on Somiyabanu
through his
11/07/2016.
wife
General
[History
Hospital at
Spine
Sofiyabanu Valsad
surgery in
Farooqbhai
Pvt. Hospital
Banfa
21/2 years
back] Spine
surgery is
required.
Operation
fixed on
08/07/2016
3 16061/201 Accused 3 Father of Angiography U.N. Mehta OPD
6 Ajimbin the on Institute of Pustika
Rafiqbhai accused 09/07/2016 Cardiology was issued
Atiyan suffering & Research but the
through his from Centre, Civil seal of
mother serious Hospital, each Unit
Saberaben and Ahmedabad is not there
Rafiqbhai massive in the
Atiyan heart pustika
pain. and prima
facie, it
can be said
that the
patient has
not been
treated in
OPD.
4 16064/201 Accused 7 Father Spine surgery V.S. Age
6 Sajid met with on Hospital, Corrected
Aabidbhai an 09/07/2016 Ahmedabad
Banfa accident.
through his Received
mother ankle and
Memudaben spinal
Aabidbhai injuries.
Banfa
5 16143/201 Accused 2 Wife, Opinion of V.S.
6 Sajid @ Sofia is team of doctors Hospital,
Sajju suffering of Civil Ahmedabad
Kadarbhai from Hospital,
Banfa Breast Ahmedabad
through his Cancer. she referred to
wife Sofia Gujarat Cancer
Sajidbhai Research
Banfa, 28 Institute for
years Mammography
and only then
it can be verify
that how much
tumors are
there and in
which size.
Page 14 of 31
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R/CR.MA/15547/2016 CAV ORDER
6 16714/201 Accused 8 Mother Hysterectomy V.S. Report
6 Saied suffering is planned on Hospital, received
Rajakbhai constant 20/07/2016. Ahmedabad from
Banfa heavy One constant Ellisbridge
Through bleeding attendant with Police
Mother problem. her. Station,
Sekhaben Ahmedaba
Rajakbhai d
Ovary has
Banfa
became
fat.
3. Considering the fact that the learned advocate for the applicants has filed leave note from 8.8.2016 to 12.8.2016, S.O to. 16.8.2016.
2. Today also, Mr. Jignesh L. Hajare, learned advocate for the applicants, has filed leave note for the period from 16.8.201619.8.2016. Mr. Chirag Parekh, learned advocate is present and states that he has received phone call from Mr. Jignesh Hajare requesting to seek adjournment as he has filed leave note since his father is not keeping well. This Court has considered the said fact.
3. It appears from the above order that since long direction has been issued by this Court to Mr. Jignesh Hajare, learned advocate for the applicants, to furnish original OPD Sarvar Pustika by granting enough time to pass on the instructions to the applicants and accordingly, I am of the view that if at all Mr. Hajare has filed leave note on the ground mentioned hereinabove, the applicants could have produced said OPD Sarvar Pustika, but it appears that none of the above referred applicants has complied with the said order passed by this Court. Considering the verification reports of the hospitals narrated in the table reproduced hereinabove, prima facie it appears that all the applicants Page 15 of 31 HC-NIC Page 15 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER are residents of Bhavnagar and all the family members of the accused were sick on one or the other ground as mentioned in the above table and all have allegedly taken treatment at Ahmedabad either in V.S.General Hospital or U.N.Mehta Institute of Cardiology and Research Centre. This conduct of the applicants creates doubt about the genuineness of the medical papers annexed by the applicants herein and hence, prime facie, I am of the view that unless assisted by an advocate, no applicants could have attempted to do such an act on their own. Under the circumstances, the Registry is hereby directed to place copy of this order before the Registrar General, who in turn, is directed to depute two officials who would take physical verification of all the disposed of Criminal Misc. Applications filed by Mr. Jignesh L. Hajera, learned advocate for the applicants, on the ground of medical reasons more particularly the medical papers which had been produced in the said applications related to above referred two hospitals namely, V.S. General Hospital or U.N.Mehta Institute of Cardiology and Research Centre and prepare a list of such applications and submit the report as early as possible and not later than a fortnight. The Registry is further directed to place copy of this order in Criminal Appeal No.786 of 2016 filed by the applicant for the information of concerned official.
4. Matters stand over to 24.8.2016.
4. For consideration of the aforesaid request, I have considered the aforesaid Page 16 of 31 HC-NIC Page 16 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER order dated 16/08/2016 as well as the contents made in the aforesaid letter of learned advocate Mr. Hajare and in light of the same, I have verified the Vakalatnamas (VPs) filed in the present applications. It appears that learned advocate Mr. Hajare has only signed the said VPs on behalf of the applicants and thus, naturally, there appears no direct nexus on record between learned advocates Mr. Hajare and Mr. Rathod. In my view, learned advocate Mr. Hajare, if at all wants to get his name deleted, should have informed each applicant, who has also signed the VPs and affirmed the affidavit on oath in the present applications drafted by learned advocate Mr. Hajare and identified and explained as the advocate. Hence, the request of learned advocate Mr. Hajare to delete his name as an advocate for the applicants in the present applications is hereby rejected.
4.1 Moreover, if for the sake of argument it is considered that learned advocate Mr. Hajare has not properly informed his clients regarding request for deleting his name in view of the fact that the case papers had been taken away by advocate Mr. Mahesh Rathod, then also, this Court is not inclined to accept the request of learned advocate Mr. Hajare for the reason that vide order dated 16/08/2016, this Court has given certain directions to the Registrar General and to submit a report, as referred herein above, which is yet to be received.
5. In aforesaid view of the order, while rejecting the request of learned advocate Mr. Hajare for deleting his Page 17 of 31 HC-NIC Page 17 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER name as an advocate for the applicants, the registry is directed to issue and serve writ of this order upon each of the applicants with the direction to remain present before this Court on 02/09/2016 and furnish the original OPD Sarvar Pustika on affidavit on that day. List on 2nd September 2016."
This Court (Coram: Mr.Justice G.B.Shah, J) on 2.9.2016 passed the following order :
1.Learned advocate Mr. Jignesh Hajare for the applicants and learned APP Mr. K. L. Pandya for the respondent State are present. The learned APP has submitted that in light of the order dated 24.08.2016, all the original accused are kept present before this Court through Central Jail, Rajkot. Accordingly, I perused the said order dated 24.08.2016, more particularly paragraph 5 of the same. Although direction was given to the Registry to issue and serve writ of this order upon each of the applicants with a direction to remain present before this Court today i.e. 02.09.2016 and furnish the original OPD Sarvar Pustika on affidavit, it appears that the Registry has misunderstood the said order dated 24.08.2016 and issued a wrong writ to keep the accused present before this Court instead of the applicants who preferred applications on behalf of the accused, for which the Registrar General is directed to get the explanation of the concerned official.
2.It is pertinent to note at this juncture that in all the applications, on behalf of the original accused, the concerned relatives of the original Page 18 of 31 HC-NIC Page 18 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER accused have preferred the above referred Criminal Misc. Applications showing as applicants and also recording the names of the original accused. The averments made in the present applications as well as the documents annexed with the same and the affirmations made in the main applications were done by the concerned relatives of the original accused. Thus, as such the direction was given to the Registry to issue writ to the persons who have preferred the applications. The presence of the original accused is not required at all and hence the concerned official is at liberty to take all the accused back following the due procedure for the same.
3.Moreover, when all the original accused are present before this Court, they are also informed that if possible, they will apprise their relatives who have preferred these Criminal Misc. Applications on their behalf to furnish original OPD Sarvar Pustika. The Registry is further directed to issue fresh notice on the applicants relatives of each accused who have preferred these applications on behalf of the original accused and serve writ of the order dated 24.08.2016 for compliance.
It appears that the directions issued vide order dated 16.08.2016 have been complied by the Registry and by Office Note dated 01.09.2016, produced a statement showing 97 Criminal Misc. Applications filed by the learned advocate Mr. Jignesh L. Hajare wherein Medical Papers of V.S. Hospital / U. N. Mehta Research Centre have been Page 19 of 31 HC-NIC Page 19 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER annexed. The Registry is directed to furnish copy of the said statement/list Annexure A to the said Office Note to learned advocate Mr. Hajare as well as Mr. K. L. Pandya, the learned APP, for their perusal and knowledge. The Registrar General is directed to depute any police official who can verify the Medical Papers annexed with each application by obtaining xerox copy from each of the applications referred in the said statement/list, which are 97 in number and get the preliminary report regarding the genuineness of the said documents. List on 14.09.2016.
This Court (Coram: Mr.Justice G.B.Shah, J) on 14.9.2016 passed the following order : "1. Learned advocate, Mr. Jignesh L. Hazare for the applicants and learned APP, Mr. K. L. Pandya, for the respondent State are present.
2. Before proceeding with hearing of these applications, learned advocate, Mr. Asim J. Pandya, has requested this Court on behalf of learned advocate, Mr. Jignesh L. Hazare, to make submissions to clarify the issue involved in the matters.
It is pertinent to note at this juncture that on 12.09.2016 during recess time, learned advocate, Mr. Asim J. Pandya, met me in chamber in the capacity of President of the Gujarat High Court Bar Association and discussed the issue for about 30 minutes. After discussing the issue in chamber, in the capacity of President of the Bar, now he wants to represent learned advocate, Mr. Jignesh L. Page 20 of 31 HC-NIC Page 20 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER Hazare. In view of the above, not before this Court."
This Court (Coram: Mr.Justice S.G.Shah, J) on 23.9.2016 passed the following order : "Learned advocate Mr.Jignesh L.Hajare for the applicant seeks permission to withdraw the present applications. Permission is granted. The applications are disposed of as withdrawn."
This Court (Coram: Mr.Justice S.G.Shah, J) 19.10.2016 passed the following order : "Perused the office note. Vigilance Officer needs some more time to complete the investigation as per the previous direction. Therefore, he is directed to complete the investigation as per the previous direction within 60 days."
This Court on 10.1.2017 passed the following order : "In view of the order passed by the Coordinate Bench of this Court, the Vigilance Officer of this Court has submitted report in connection with the forged documents, which were produced in the matter. Said report along with papers submitted by the Vigilance Officer are ordered to be taken on record.
It is open for the learned advocate Mr. Jignesh Hajare appearing for the applicant as well as learned APP to get the copies of the report from the Registry.
In view of the above, learned advocate for Page 21 of 31 HC-NIC Page 21 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER the applicant seeks time. S.O. to 30.1.2017."
3. As per order passed by coordinate bench of this Court and direction given to the Vigilance Officer he has made inquiry and submitted his report in connection of the orders passed by this Court.
4. Mr.R.D.Vaja, the then Vigilance Inspector, forwarded letter to U.N.Mehta, Institute of Cardiology and V.S.Hospital enclosing photocopy of case papers of medical treatment of the patient alognwith case papers of bail application which have been produced before this Court for examination. Out of 97 bail applications, 24 applications were sent to U.N.Mehta Hospital and 73 applications were sent to V.S.Hospital along with xerox copies of each treatment booklets to examine each and every case papers separately to the concerned doctors. Some of the available doctors statements were also recorded. All the concerned doctors of U.N.Mehta Hospital and V.S.Hospital denied the treatment and advise written on the booklets by themselves or their colleagues doctors. They have submitted their report to the concerned R.M.Os denying the opinion, advise, handwriting and signature. Thus, the Page 22 of 31 HC-NIC Page 22 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER documents (treatment Booklets last pages were tampered by correction, addition and extra write up) by some unknown persons e.g. the operation of the patient is fixed on such date, patient is very serious, _____% blood vessels of the heart patient is blocked only patients Treatment Booklet bearing name, address are genuine because anybody can get the booklet paying necessary fees on the window (counter). Thus according to the doctors of both the hospitals the treatment, diagnosis and advise for certain tests and operation is not written in medicolegal terms. It appears that, some unknown English knowing person has written these details, got them copies and produced them before this Court and cheated this Court and thereby have committed an offence under Sections 406, 420, 467, 468, 471 etc. of the Indian Penal Code. Mr.V.M.Jani, vigilance Inspector, Vigilance Cell, Gujarat High Court has submitted a detailed preliminary inquiry report on dated 29/30.12.2016 to the Registrar General through the Registrar (Vigilance).
5. The Vigilance Cell (Judicial Department) Rules, 1986 Rule No.7(9) says "All the complaints whether received orally or sent in the form of letters, whether anonymous, Page 23 of 31 HC-NIC Page 23 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER pseudonymous, or otherwise containing allegations of corruption or corrupt practices on the part of any Judicial Officer or members of the Staff shall be forwarded to the Special Officer, Vigilance and Home Department, Sachivalaya, Gandhinagar's Notification dated 31.03.1994, No.GG/37/94/TTC/4192/V: In exercise of the powers conferred by clause(s) of Section2 of the Code of Criminal Procedure, 1973 (2 of 1974) in its application to the State of Gujarat, the Government of Gujarat, hereby declares the office of the Vigilance Cell in the Gujarat High Court, Ahmedabad to be a police station and specifies that it shall have jurisdiction over whole of the State of Gujarat for registering and investigating the corruption cases against officers and employees of the judicial department of the State of Gujarat.
6. As per roster present inquiry report is placed before this Court. Mr.Jignesh Lalitbhai Hajare, learned advocate has produced affidavit dated 30.1.2017 on record of this case. The affidavit reads as under : " Affidavit I, Mr.Jignesh Lalitbhai Hajare, Aged: 39, Advocate residing at Ahmedabad do hereby Page 24 of 31 HC-NIC Page 24 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER solemnly affirm and state as under :
1. I am an advocate by profession and I am practicing mainly in the High Court of Gujarat for last more than 15 years. In my entire career I have not been proceeded against for any misconduct or unethical practices by the Bar Council nor punished for contempt of court by this Hon'ble Court.
2. I am the advocate for the applicants of the captioned applications filed for temporary bail. During the hearing of the temporary bail applications, this Hon'ble Court (Coram : Hon'ble Mr. Justice G.B.Shah) have passed order an inquiry into the genuiness of the medical certificates submitted in support of the temporary bail applications filed by me on behalf of my clients. Pursuant to the order passed by this Hon'ble Court an inquiry was initiated and a preliminary report was submitted by inquiry officer before this Hon'ble Court. Upon submission of the inquiry report before the Court, I requested this Hon'ble Court to give me a copy of the inquiry together with all documents forming part of the report. I have carefully gone through the preliminary report given by the officer concerned and the documents forming part of the reports.
3. At the outset I say that I am innocent and I have no connection with the applicants of the temporary bail applications filed by me on behalf of my clients. The prima facie finding of the inquiry officer is that the temporary bail applications were accompanied by medical certificates which were partly genuine, partly interpolated or partly replaced. In Page 25 of 31 HC-NIC Page 25 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER this regard I would like to draw the attention of the fact that I came into contact with one Mahesh Shamjibhai Rathod Residing At: Gomtipur, Ahmedabad in connection with his consent quashing matter i.e. Criminal Misc. Application No. 21701 of 2014. The aforesaid Mr.Mahesh Rathod is nephew of advocate Mr.B.S.Vala practicing in Gondal Court. Since Mr.Mahesh Rathod was introduced through his Uncle Mr.B.S.Vala the fee for the consent quashing was not decided and he was to pay the fee after quashing of prosecution against him. A copy of the order dated 25/3/2015 whereby the proceedings against Mahesh Rathod is quashed is annexed hereto as Annexure A1.
After the aforesaid order was passed instead of paying fee Mahesh Rathod told me that he had many acquaintance with prisoners languishing in jail and he would bring many criminal cases to me.
4. Since the date of joining this profession and upto the date of my acquaintance with Mr.Mahesh Rathod, I had never filed temporary bail application before the High Court. However, after my acquaintance with Mahesh Rathod, I started getting many criminal cases including temporary bails from the year 2015. From the year 2015 to 31 December, 2016 I must have filed 97 temporary bail applications and many criminal cases brought by Mahesh Rathod. The modus operandi of Mahesh Rathod was to simply pay me some fee for appearing in the matter but the entire control of the clients and filing of the case papers in the registry was always retained by him. In all these 97 bail applications I never got an opportunity to meet the clients personally. Even the filing of the case papers in the High Page 26 of 31 HC-NIC Page 26 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER Court office for the temporary bail applications was being done by him through different clerks. The fact that I had never met any of the applicants of the temporary bail applications can be verified from these applicants. All the applicants had managed filing of their bail applications through Mahesh Rathod. I was getting the criminal work in bulk through Mahesh Rathod but I was being paid a very meager fee for the matters. In fact some of the cheques for fees given to me by Mahesh Rathod had also bounced on account of the insufficient fund in his account. Thus, Mahesh Rathod used to look after everything for filing temporary bail applications in the High Court and he would not allow me to meet his clients directly or to interact or give an opportunity to interact with the clients as he would be exposed of what he had in fact charged from the prisoners.
5. Mahesh Rathod is not only giving work of temporary bail applications to me but there are more than five advocates of High Court also to whom he gives work of temporary bail applications. There are two persons named Prashant Kalani and Ravi Damor working under Mahesh Rathod in filing temporary bail applications in the High Court. I have came to know all these facts only when this Hon'ble Court directed inquiry into the matter to find out the genuineness of medical certificates submitted by the applicants of the temporary bail applications in support of their prayer for temporary release from the jail. Since I came to know Mahesh Rathod through advocate Mr.B.S.Vala I had no reason to doubt the credential Mahesh Rathod. I bona fide believed whatever Mahesh Rathod submitted Page 27 of 31 HC-NIC Page 27 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER to me to be correct. After, I came to know about all these misdeeds of Mahesh Rathod I have stropped accepting any case from Mahesh Rathod.
6. I have now come to know that there more than four such persons who are connected with and handling the filing of the temporary bail applications through different lawyers with the support of such medical documents. I had no reason to believe that all these persons are indulging into similar activities of arranging filing of temporary bail applications through different lawyers. In the entire episode I have played no role in either collecting medical papers from the hospitals concerned or the doctors concerned. None of the doctors has stated that I have even connected any of them or requested them to give a particular kind of medical certificate. It appears that Mahesh Rathod is the master mind behind interpolating, changing and concocting medical certificate.
Considering the aforesaid explanation and the fact that I had never met any of the applicants or any doctor or visited any hospital, my explanation may be accepted the proceedings and inquiry against me may kindly be dropped.
What is stated hereinabove are true and correct to the best of my knowledge, information and belief and I believe the same to be true."
7. Mr.Hajare has submitted that he has never met any of the applicants or any doctor or visited any hospital. He has prayed to accept Page 28 of 31 HC-NIC Page 28 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER his explanation and drop the proceedings or inquiry which may be held against him.
8. Mr.N.J.Shah, learned APP for the respondent State has contended that from perusal of explanation and medical certificate produced on record prima facie it is proved that they have misused the medical papers to misguide the Court with an intention to get temporary bail through bogus and fabricated documents.
9.From perusal of the orders passed by coordinate Bench of this Court in connection with the temporary bail applications filed before this Court for getting temporary bail in serious offences in which applications, fake and fabricated documents were attached in support of the contention made in temporary bail application, it is clear that in number of temporary bail application pending before this Court such type of tactics and practice is adopted by the prisoner or relative of original prisoner to get temporary bail from the serious offences. It shows that such type of tactics, practice and conduct adopted by the applicants to get temporary bail cannot be tolerated. Prima facie it appears that by filing such applications before this Court such Page 29 of 31 HC-NIC Page 29 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER applicants have played serious role and tried to get bogus order of temporary bail from this Court. This kind of acts are very serious in nature and required to be deprecated so that in future none can dare to create such type of fake and fabricated documents for production for getting temporary bail.
10. As per report of the Vigilance Inspector of Vigilance Cell of this Court he is not empowered to investigate the offence in question committed by the applicants and prisoners in temporary bail application. The Vigilance Inspector has reported that offence in question is required to be investigated through local police.
11. Many accused persons during the pendency of Criminal Appeal or Criminal Revision Application obtain temporary bail and thereafter never turn up at the time of final hearing. In result of unavailability of the appellant/applicant this Court is unable to proceed with the appeal or revision application. In so many matters this Court has issued bailable and nonbailable warrants against the accused persons due to their non availability at the time of hearing. Even Page 30 of 31 HC-NIC Page 30 of 31 Created On Sat Apr 08 00:22:57 IST 2017 R/CR.MA/15547/2016 CAV ORDER Division Bench of this Court has given direction to the prosecution agency. In result of that direction Government has formed special squad to find out the applicants jumping bail, parole and furlough.
12. I have minutely perused the report of the Vigilance Inspector as well as statement and documents which are collected by Inquiry Officer. It appears that in the present case serious matter of creating bogus papers is involved and that should be investigated thoroughly by Crime Branch, Ahmedabad City. Hence, in view of the report submitted by the Vigilance Inspector of this Court, Joint Commissioner, Crime Branch, Ahmedabad is directed to depute one Police Inspector to investigate the issue in question under the supervision of Assistant Police Commissioner of Crime Branch. The Registrar (Judicial) is directed to depute officer not below the rank of Assistant Registrar or Deputy Registrar to lodge the complaint. The Investigating Officer is directed to make investigation and report to Registrar (Judicial).
(Z.K.SAIYED, J.) KKS Page 31 of 31 HC-NIC Page 31 of 31 Created On Sat Apr 08 00:22:57 IST 2017