Gujarat High Court
Virendra Bholanath Patel vs State Of Gujarat on 31 January, 2024
NEUTRAL CITATION
R/CR.MA/12908/2023 ORDER DATED: 31/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 12908 of 2023
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VIRENDRA BHOLANATH PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. RAJENDRA D JADHAV(10026) for the Applicant(s) No. 1
MR. DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 31/01/2024
ORAL ORDER
1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11210025231158 of 2023 registered with the Limbayat Police Station, Surat of the offence punishable under Sections 318. 312, 315, 316, 336, 419, 201, 120(B) and 34 of the IPC and Sections 30 and 35 of the Medical Practitioners Act, 1963 and Sections 4, 5(2), 5(3) and 5(4) of the Medical Termination of Pregnancy Act, 1971.
2. Learned advocate Mr. Zubin Bharda assisted by learned advocate Mr. Rajednra Jadhav appearing for the applicant has submitted that the applicant-accused was arrested on 08.05.2023 and since then he is in jail. Learned advocate Mr. Bharda has also submitted that the investigation has already been completed and charge-sheet has also been filed. Learned advocate Mr. Bharda has further submitted that as per the case of the prosecution, a dead body of a newly born baby Page 1 of 7 Downloaded on : Thu Feb 01 20:42:40 IST 2024 NEUTRAL CITATION R/CR.MA/12908/2023 ORDER DATED: 31/01/2024 undefined boy with navel string was found from the godown of the complainant and, therefore, a complaint came to be lodged against an unknown person. Thereafter, during the course of investigation, on the basis of suspicion, the applicant-accused has been arraigned in the present offence. It is moreso submitted that even on the alleged date of the incident, the applicant-accused was not present in the Surat City and he was in Maharashtra in respect of altogether a different case. It is submitted that during the course of investigation, it reveals that the one lady got treatment in the hospital of the applicant-accused and the nurse who was present in the hospital had performed the clinical activities in the absence of the applicant-accused. Thereafter, after the birth of the child, the child was thrown away in the godown of the complainant in one box as it was an unwanted child. It is also submitted that during the course of investigation, it has been revealed that the applicant-accused was not possessing the degree to perform any kind of surgery and, therefore, the provisions of the relevant Act has also been invoked. Learned advocate Mr. Bharda has also submitted that, in fact, the applicant-accused has obtained the degree from Council of Electro Homeopathic Medicine, Uttar Pradesh and as per the qualification of the applicant-accused, he does not have any right to perform surgery upon the human body. However, it is submitted that the applicant-accused has filed an undertaking to the effect that henceforth he will not indulge in this kind of activity in any manner, which reads as under;
I, Virendra Bholanath Patel, Hindu, Male, aged about 49 years, Occupation: Doctor, Having residential address at Page 2 of 7 Downloaded on : Thu Feb 01 20:42:40 IST 2024 NEUTRAL CITATION R/CR.MA/12908/2023 ORDER DATED: 31/01/2024 undefined Flat No.501-502, Radhika Homes, Opp. Emporia Sahab, Dindoli, Surat. At present in Lajpore Central Jail at Surat, do hereby solemnly affirm and state on oath as under:-
1. I state that in compliance of the direction issued by this Hon'ble Court on 18.01.2024, I state that I have a valid degree of D.E.M.S. (Diploma of Electro Homeopathic Medicine System) issued by Council of Electro Homeopathic Medicine, Lucknow (Uttar Pradesh). I also possess valid certificate of registration bearing registration No.0668, issued on 07.07.2003 by the Board of Electro Homeopathic Medicine (Gujarat). Hereto annexed is the copy of the medical certificate.
2. I state and assure this Hon'ble Court, that I was not involved in any medical practice for which I do not possess a valid degree, certificate, and knowledge. I further undertake that I shall never indulge or involve myself in any such pratices and activities in the future for which I do not have the required degree, knowledge and authority.
3. I state and undertake that, while practicing as a doctor of Electro Homeopathy in the past, I strictly adhered to all rules and regulations. I shall continue this compliance in the future also, abiding by all rules, regulations and circulars issued by the appropriate authorities, institutions and government with strict adherence thereto.
4. I state and undertake that if I am released on bail, I shall not indulge and or involve in any such practice, activity which amounts to an offence as alleged in the FIR and any other provision of law. I reiterate that I have never instructed, advised and or permitted anyone to commit such offence as alleged an nor have I permitted or authorized to use the hospital premises for such illegal and unauthorized activities.
5. The affidavit cum undertaking is filed without prejudice to my rights and contentions before the learned Trial Court.Page 3 of 7 Downloaded on : Thu Feb 01 20:42:40 IST 2024
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6. The undersigned craves leave of this Hon'ble Court to add, amend, alter, remove, delete, rescind or modify any or all submissions contentions or averments stated herein above.
What is stated herein above is true to the best of my knowledge information and belief and I believe the same to be true and correct.
Solemnly affirm at Surat on this the 22 nd day of January, 2024."
3. Under the circumstances, learned advocate Mr. Bharda prays that the applicant may be enlarged on bail on any suitable terms and conditions.
4. The learned APP appearing on behalf of the respondent- State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned APP has submitted that considering the role attributed to the applicant-accused, this is a fit case wherein discretionary power of this Court is not required to be exercised in favour of the applicant-accused.
5. The learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. This Court has also considered the following aspects;
a) That the investigation has already been completed and charge-sheet has also been filed;
b) That the applicant-accused is in jail since 08.05.2023;
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c) That the applicant-accused has not been named in the FIR and he has been arraigned as an accused on the basis of suspicion;
d) That the applicant-accused has filed an aforequoted undertaking to the effect that he would not indulge himself in such kind of illegal activity nor would give any permission to use his premises for such kind of activities;
e) That considering the role attributed to the applicant- accused, I am of the view that the present application deserves consideration;
7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.
8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
9. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No.11210025231158 of 2023 registered with the Limbayat Police Station, Surat, on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the Page 5 of 7 Downloaded on : Thu Feb 01 20:42:40 IST 2024 NEUTRAL CITATION R/CR.MA/12908/2023 ORDER DATED: 31/01/2024 undefined satisfaction of the trial Court and subject to the conditions that he shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within
a week;
[d] not leave the State of Gujarat without prior
permission of the Sessions Judge concerned;
[e] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;
[f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
10. The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
11. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.
12. At the trial, the trial Court shall not be influenced by the Page 6 of 7 Downloaded on : Thu Feb 01 20:42:40 IST 2024 NEUTRAL CITATION R/CR.MA/12908/2023 ORDER DATED: 31/01/2024 undefined observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(DIVYESH A. JOSHI,J) VAHID Page 7 of 7 Downloaded on : Thu Feb 01 20:42:40 IST 2024