2020 (6) TMI 796 - HC - Indian Laws

Seeking grant of bail - applicant is seeking bail on the ground of surgery of dependent family member - HELD THAT - In view of the status report, issue notice to Dr. Gajinder Nayyar, MBBS, MAMC DMC No. 36089, to show cause as to why the matter be not referred for further investigation into the allegations made in the status report. List on 12.06.2020.

Summary

Issues: Allegations of fraudulent medical documents by Dr. Gajender Nayyar in various criminal cases.

In the judgment, the court addressed multiple cases where bail applications were based on medical documents issued by Dr. Gajender Nayyar for surgeries like ovarian cyst and gall bladder stone. The court noted discrepancies in the verification of these medical documents, such as hospitals not having necessary facilities and patients not being recorded in the OPD register. The court also highlighted a case where the main accused obtained parole based on medical documents from Dr. Nayyar but later absconded. Moreover, the court mentioned a previous order raising suspicions about Dr. Nayyar's credibility due to issuing certificates in serious criminal cases. The court decided to issue a notice to Dr. Nayyar to explain the allegations and ordered further investigation into the matter. The court directed the notice to be served, scheduled the next hearing, and instructed dissemination of the order through various channels.

The judgment revealed that Dr. Gajender Nayyar's medical documents were crucial in various criminal cases for seeking bail on medical grounds. However, discrepancies emerged during verifications, such as hospitals lacking necessary facilities mentioned in the documents and patients not appearing in the hospital records. The court highlighted a case where an accused obtained parole based on Dr. Nayyar's medical documents but subsequently absconded. Additionally, a previous order expressed doubts about Dr. Nayyar's credibility due to issuing certificates in serious criminal cases. Consequently, the court decided to issue a notice to Dr. Nayyar for explanation and ordered further investigation into the allegations. The court set a future hearing date, instructed serving the notice, and directed dissemination of the order through official channels.