Bombay High Court
Dr. Madhuri D/O. Ratnakar Waghmare vs The State Of Maharashtra on 14 December, 2020
Author: V. K. Jadhav
Bench: V. K. Jadhav
1 17-BA.63-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
17 BAIL APPLICATION NO.63 OF 2020
DR. MADHURI D/O. RATNAKAR WAGHMARE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Deshmukh Rajendra S. (Senior
Counsel) i/b Mr. Devang R. Deshmukh.
APP for Respondent-State : Mr. A. S. Shinde.
...
CORAM : V. K. JADHAV, J.
DATE : 14.12.2020
PER COURT :-
1. Heard the learned senior counsel Mr. R. S. Deshmukh, at length.
2. By order dated 27.10.2020, since the temporary bail order was extended time to time, this Court has called the report of the Superintendent of Sub District Hospital, Vaijapur through the Civil Surgeon about the work assigned and performed by the applicant Dr. Madhuri Waghmare and further whether Sub District Hospital, Vaijapur would require her services in future.
3. The Superintendent of Sub District Hospital, Vaijapur by ::: Uploaded on - 14/12/2020 ::: Downloaded on - 16/12/2020 04:07:42 ::: 2 17-BA.63-20.odt communication dated 02.12.2020, reported that the applicant Dr. Madhuri Waghmare came to be relieved from the hospital on 27.07.2020 and she had worked in the said hospital from 04.06.2020 to 27.07.2020.
4. Thus, in the order dated 07.12.2020, this Court in paragraph Nos.4 and 5 has made the following observations "4. Prima facie it appears that though the applicant was relieved on 27th July 2020, she sought extension of temporary bail on earlier occasions without informing the Court that she had already been relieved by the Sub-District Hospital, Vaijapur and she was not working in any Government Hospital. The learned Senior Counsel Mr. Deshmukh seeks time to take specific instructions in this regard.
5. The learned Senior Counsel to submit the affidavit of the applicant explaining all the aforesaid aspects."
5. The applicant Dr. Madhuri Waghmare has thus filed the additional affidavit. In paragraph No.3 of the said additional affidavit, the applicant has stated as under :
"3) That, it is matter of further record that this Hon'ble High Court vide its common order dated 20.07.2020, has been pleased to continue the interim relief till 30.07.2020 and thereafter on next date i.e. on 14.08.2020, leave to place the certificate on record in Bail Application No.63 of 2020 filed by co-accused Dr. Suraj Rana was granted and the interim rerlief was continued till next date of hearing i.e. on 08.09.2020 vide aforesaid common order. As can be seen ::: Uploaded on - 14/12/2020 ::: Downloaded on - 16/12/2020 04:07:42 ::: 3 17-BA.63-20.odt from the subsequent orders passed by this Hon'ble High Court on 08.09.2020 that the interim order i.e. of temporary bail was continued till next date, but thereafter on 28.09.2020 and 27.10.2020, this Hon'ble High Court has been pleased to record that this deponent was still attached with the Sub-District Hospital, Vaijapur. The fact remains that this deponent has never communicated to her counsel as well as this Hon'ble High Court regarding relieving herself at Sub-District Hospital, Vaijapur and for which she tenders her unconditional apology with folded hands and from the bottom of her heart. The facts remain, that her services with Covid Centre SDH, Vaijapur were satisfactory and further recommended for continuation, as evident from Annexure-'A'."
6. By order dated 03.04.2020, this Court (Coram : R. G. Avachat, J.) considered the out break of Covid-19 and since the applicant is a Medical Practitioner, allowed the application on the same terms and conditions as have been imposed vide order dated 30.03.2020 passed by this Court in Bail Application No.364 of 2020 (application filed by the co- accused Dr. Suraj Rana in the identical situation). Thus, this Court has granted the temporary bail to the present applicant with a specific directions that the applicant to approach the Dean, Government Medical College and Hospital, Aurangabad immediately after her coming out of jail and shall submit her undertaking that she is ready to discharge her services as per ::: Uploaded on - 14/12/2020 ::: Downloaded on - 16/12/2020 04:07:42 ::: 4 17-BA.63-20.odt the directions of the Dean. It further appears that time to time by order dated 30.04.2020, 19.05.2020, the said order of temporary bail was continued. By order dated 22.05.2020, this Court has considered that at present no accommodation is available at the Government Medical College and Hospital, Aurangabad for the applicant, however, in terms of the letter dated 22.05.2020, received from the office of the Deputy Dean, Government Medical College and Hospital, Aurangabad, the applicant could be accommodated at District Government Hospital, Chikhalthana. The learned APP thus sought time to take specific instructions with regard to the said observation.
7. By order dated 26.05.2020, after hearing both the sides, the learned APP was directed to take instructions as to whether the applicant can be accommodated at Vaijapur itself. The learned APP, on instructions, has informed that there is a Sub District Hospital, Vaijapur with 100 beds and the applicant can be accommodated there and she can effectively render her services to the patients therein.
8. By order dated 28.09.2020, at the request of the learned counsel appearing for both the applicants i.e. for the present ::: Uploaded on - 14/12/2020 ::: Downloaded on - 16/12/2020 04:07:42 ::: 5 17-BA.63-20.odt applicant and co-accused Dr. Suraj Rana and considering the gravity of pandemic, the order of temporary bail granted in their favour came to be extended for further thirty (30) days so they would render their services to the Covid-19 patients effectively.
9. It is to be noted here that at the time of passing of the aforesaid order dated 28.09.2020, the present applicant was already relieved by the Sub District Hospital, Vaijapur and she was enjoying her vacation in the house without rendering her services to the patients suffering from Covid-19 for which she was granted the temporary bail. It further appears that the applicant had neither disclosed this fact to the Court nor to her counsel on record so also the Senior Counsel Mr. Deshmukh. The same is reflected from Paragraph No.3 of the additional affidavit filed by the applicant expressing her apology for the same. I find no excuse for not disclosing the same to the Court. This Court, on every such occasion has considered that the applicant was giving her services to Covid-19 patients at Sub District Hospital, Vaijapur, as directed in the earlier orders and thus extended temporary bail time to time. It was the duty of the applicant to point out to the Court that in the month of ::: Uploaded on - 14/12/2020 ::: Downloaded on - 16/12/2020 04:07:42 ::: 6 17-BA.63-20.odt July itself she was relieved by the Sub District Hospital, Vaijapur and thereafter she was not working any where. This has only revealed, after this Court called the report from the Superintendent of Sub District Hospital, Vaijapur by order dated 27.10.2020. In view of the same, it is apparent on the record that the applicant has mislead the court and obtained the extension of the temporary bail order under the pretext of rendering services to Covid-19 patients, though actually she was not attached to any hospital and consequently, not providing her services to any patient admitted in the Government Hospital.
10. In view of the same, I am not inclined to extend the order of temporary bail henceforth. The application filed by the applicant seeking temporary bail or the extension thereof is hereby rejected. The applicant to surrender herself forthwith before the Trial Court, who shall remand her to the jail.
11. Main Application stand over to 07.01.2021.
(V. K. JADHAV, J.) ...
vmk/-
::: Uploaded on - 14/12/2020 ::: Downloaded on - 16/12/2020 04:07:42 :::