Delhi High Court - Orders
Sheikh Ashikul vs State & Others on 15 January, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2759/2020
SHEIKH ASHIKUL ..... Petitioner
Through: Mr.Nazim Uddin Ahmad, Advocate
(Proxy)
versus
STATE & OTHERS .... Respondents
Through: Mr.Kewal Singh Ahuja, APP for State
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 15.01.2021 (Through Video Conferencing) Learned counsel Mr. Nazim Uddin Ahmad, is present for learned counsel for the petitioner and submits that he has instructions to withdraw the present Bail Appln. No. 2759/2020.
The said application is an application which had been filed by the petitioner Sheikh Ashikul as an interim application in relation to FIR No. 110/2018, Police Station Govind Puri under Sections 323/342/376D/34 of the Indian Penal Code, 1860 and Section 6 of the POCSO Act, 2012 with a submission having been made on behalf of the petitioner in reply to a specific Court query in the prayer clause that had been made that the application seeking grant of interim bail did not specify any period of time and it was confined to the grant of interim bail for 45 days with it having been submitted on 16.10.2020 that the prayer for interim bail was because the surgery of the mother of the petitioner was to be performed. Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:18.01.2021 18:44:07 This file is digitally signed by PS to HMJ ANU MALHOTRA.
A status report dated 12.10.2020 had been submitted by the State to the effect that the medical documents of the mother of the petitioner filed by the petitioner along with instant petition have also been got verified from the concerned doctor and the same have been reported to be genuine and the doctor reported that the mother of the petitioner was suffering from back pain and required surgery for the same. However, the application seeking the grant of interim bail was opposed by the State vide that status report submitted under the signatures of the SHO Police Station Govindpuri, New Delhi.
The said document is indicated to have been issued by Dr. A.K. Chaudhary of Spandan Diagnostic Centre P.Ltd., Calcutta. However, in as much as there was no date of surgery fixed, in the interest of justice the matter was directed to be renotified so that the applicant could place on record the documents in relation to the fixation of the date of surgery of the mother of the applicant with it having been directed that the document in relation thereto be filed in advance with a copy thereof being supplied to the State so that it may be verified before the next date of hearing.
During the course of the proceedings dated 11.11.2020 it was brought forth that there were no documents that have been placed on record on behalf of the applicant in relation to the fixation of the date of surgery of the mother of the applicant with it having been submitted on behalf of the applicant that there was no one apart from the applicant in the family to get the same done and in as much as it had been submitted by the State on the date 16.10.2020 to the effect that the father and wife of the applicant were available to take care of Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:18.01.2021 18:44:07 This file is digitally signed by PS to HMJ ANU MALHOTRA.
the applicant's mother and they may seek the fixation of the date of surgery and time was thus sought by the learned counsel for the petitioner and the matter was thus directed to be renotified for the dated 11.1.2021 for hearing.
On 11.1.2021 an affidavit of the uncle of the applicant had been filed submitting to the effect that the operation of the mother of the applicant was now scheduled and along with the same were the copies of the documents issued by Shri Aurobindo Trauma and Arthroscopy Surgical Unit putting forth date of operation scheduled as being 18.1.2021. The State vide order dated 11.1.2021, was thus directed to conduct a verification in relation to the said documents.
A verification report has now been submitted by the State through email dated 14.1.2021 under signatures of SHO Police Station Govindpuri which indicates to the effect that Ct. Ajay Singh Meena had been deputed to Tamluk, West Bengal, for the verification of the documents and on verification met Dr. Subarna Mishra who has given in writing on the letter head stating that he has not seen any patient named Halima Bibi as per his register between 2.1.2021 to 7.1.2021 and had not given any operation date for the spine surgery for Halima Bibi the patient on 18.1.2021 and further wrote that he had left the Aurobindo Trauma and Arthroscopy Surgery Clinic on 24.11.2020 and was now attending emergency patients at the Lifecare Nursing Home Clinic. The letter of Dr. Subarna Mishra, the consultant Orthopaedic as Arthroscopy surgeon categorically states to the effect that she had not been attending the clinic, i.e. the Shri Aurobindo Trauma and Arthroscopy Surgical Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:18.01.2021 18:44:07 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Unit, Tamluk, due to his COVID infections since 24.11.2020 and was only attending emergency patients at the Lifecare Nursing Home, since then and that the prescription pad which had been provided that is one which had been shown to him for verification was not in his handwriting and there was some forgery done with the prescription pad and registration number. Even a bare look of the signatures on the letter dated 14.1.2021 of Dr. Subarna Mishra when compared with the signatures on the document as purportedly issued by Dr.Subarna Mishra dated 5.1.2021 in relation to the urgent operations stated to be fixed on the date 18.1.2021 of Halima Bibi indicates that the signatures as placed on the letter dated 14.1.2021 of Dr.Subarna Mishra are not identical with that as placed at page 4 of the documents filed on behalf of the petitioner vide the index of documents on 4.1.2021 submitted with an affidavit of the uncle of the petitioner named Nausad Ali SK.
In these circumstances, it is considered expedient, in the interest of justice, that an inquiry is made by the learned Registrar General of this Court in relation to the purported alleged commission of an offence punishable under Section 471 of the Indian Penal Code, 1860 falling within the ambit of Section 195 (1) (b) Cr.P.C 1973 and thereafter proceed in accordance with law and it is so directed accordingly.
In view thereof, the Bail Appln. No. 2759/2020 filed by the petitioner is dismissed.
ANU MALHOTRA, J JANUARY 15, 2021/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:18.01.2021 18:44:07 This file is digitally signed by PS to HMJ ANU MALHOTRA.