Rajasthan High Court - Jodhpur
Naresh Chouhan vs State on 1 March, 2017
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B.Criminal Misc. Interim Bail Application No. 1681 / 2017
Naresh Chouhan S/o Shri Shyamlal Ji Chouhan, Samtanagar,
Bedla, District Udaipur (Rajasthan) (At Present Lodged in Central
Jail, Kota)
----Petitioner
Versus
State of Rajasthan
----Respondent
_____________________________________________________
For Petitioner(s) : Mr.Mahipal Bishnoi
For Respondent(s) : Mr.V.S.Rajpurohit PP for the State.
Mr.Sanjay Mathur for the complainant.
_____________________________________________________
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order 01/03/2017
1. The petitioner has moved this interim bail application under Section 439 Cr.P.C. on the ground that wife of the petitioner is to undergo an operation for removal of uterus.
2. Learned Public Prosecutor was directed to call for the report.
3. It is intimated by the counsel that in the document dated 26.11.2016, the word 'Admit' was not written by Dr.Radha Rastogi, who has stated in her statement that she had asked the lady to get certain examinations done. It is contended by the counsel that the word 'Admit' has been written by Dr.Meenakshi Gupta.
4. In the report of the Department of Pathology, RNT Medical College, Udaipur, Dr.Meenakshi Gupta has signed as (2 of 2) [CRLMIB-1681/2017] Pathologist on 06.12.2016. The document dated 26.11.20016 therefore, appears to be forged as from the report of the Pathology Department, Dr.Meenakshi Gupta has signed as Pathologist and beneath her signature, she has mentioned her name and date, whereas on the outdoor ticket only 'Admit' is written and some initial has been done. The initial done also do not tally with the signatures of Dr.Meenakshi Gupta made on the Pathology Report. Further when Dr.Radha Rastogi directed Smt.Rama Chouhan to get the investigations done, then on the same day, there was no question of writing 'Admit' on this document, since the report of the Pathology Department was received on 06.12.2016.
5. In view of the above, the original documents are taken into custody and the Deputy Registrar (Judicial) of this Court is directed to send the same to the Station House Officer, Police Station, Bhopalpura, Udaipur to investigate about genuinity of the documents and submit report to the Court. The factual report and the statement of Dr.Radha Rastogi are also taken on record.
6. The present interim bail application is however rejected because the concerned doctor, who had seen Smt.Rama Chouhan has stated that she had not suggested admission.
7. The matter be again listed before this Court after receipt of the report from the concerned Station House Officer.
(PANKAJ BHANDARI)J. Skant/-