2021 (2) TMI 1237 - HC - Indian Laws

Seeking grant of Bail - contention of the applicant was that he has been diagnosed with Neuroendocrine neoplasm which is akin to cancerous tumor which requires urgent proper investigation - HELD THAT - Applicant was requesting that letter be issued that he needs chemotherapy. Dr.Andure told him that he do not require chemotherapy and such letter cannot be issued to him. Dr. Andure was shown photocopy of letter dated 24th June, 2020 wherein it was stated that patient needs to be treated by chemotherapy 3 weekly for six cycles depending upon review of IHC and PET CT Scan. Doctor denied having issued such letter and stated that the handwriting and signature is not his. The police report indicate that, during enquiry and from documents received, it is disclosed that applicant by using report of Sasoon Hospital approached Shaswat Hospital and obtained certificate of Neuroendocrine colonic malignancy and for further treatment claiming interim bail. DOTA PET Scan test report were not shown to medical officers. Enquiry with doctors from Sasoon hospital revealed that applicant do not require any surgery or chemotherapy. The report contains statement of Dr.Amol Galge dated 18th February, 2021 - The applicant has also annexed medical case papers of Sasoon Hospital and tendered compilation of medical case papers of Sasoon Hospital. The said case papers indicate that patient is being treated for pulmonary Kochi/ Pulmonary tuberculosis. FIR is registered against applicant for forgery of documents. It is apparent that applicant has been misleading the Courts. The applicant is not entitled for bail on merits as well as on medical ground. Application deserves to be rejected - bail application dismissed.

Summary

Issues Involved:
1. Application for bail under Section 439 of Cr.PC.
2. Applicability of M.C.O.C. Act provisions.
3. Medical grounds for bail.
4. Allegations of submitting false medical certificates.
5. Previous rejection of bail applications on merits.

Detailed Analysis:

1. Application for Bail under Section 439 of Cr.PC:
The applicant was arrested on 5th August 2016 in connection with C.R. No. 477 of 2015, registered with Kondhava Police Station, Pune, for offences under Sections 307, 387, 487, 504, 506(ii) r/w 34 of IPC and Sections 3(1)(ii), 3(2), 3(3), 3(4) of M.C.O.C. Act. The applicant had previously sought bail, which was rejected by the M.C.O.C Special Court on 24th October 2017 and 9th July 2018, and by the High Court on 30th January 2020. The Supreme Court granted interim bail on medical grounds, which was extended multiple times.

2. Applicability of M.C.O.C. Act Provisions:
The applicant's counsel argued that the provisions of the M.C.O.C. Act are not applicable and that the applicant has no previous cases and has been acquitted in other cases. The learned APP opposed this, citing that there is no change in circumstances since the previous bail rejections and that there are statements of witnesses and confessional statements under Section 18(1) of the M.C.O.C. Act against the applicant.

3. Medical Grounds for Bail:
The applicant claimed to suffer from a serious disease, "Neuroendocrine neoplasm," akin to cancer, requiring urgent treatment. The Supreme Court had granted interim bail on this ground, which was extended based on medical reports indicating the need for chemotherapy. However, the learned APP argued that the applicant had relied on false medical certificates to obtain bail. Investigations revealed discrepancies in the medical certificates, and it was found that the applicant was not suffering from cancer but from tuberculosis, which had been cured.

4. Allegations of Submitting False Medical Certificates:
The learned APP presented police reports indicating that the applicant had fabricated medical certificates to claim interim bail. The police investigation revealed that the applicant had obtained a false certificate from Shaswat Hospital and that the DOTA PET Scan conducted at Ruby Hall Clinic showed no signs of cancer. Statements from doctors confirmed that the applicant did not require chemotherapy or surgery, and an FIR was registered against the applicant for forgery of documents.

5. Previous Rejection of Bail Applications on Merits:
The applicant's previous bail applications were rejected on merits by both the M.C.O.C Special Court and the High Court. The learned APP emphasized that there was no change in circumstances to warrant a different decision. The court noted that the applicant had been misleading the courts and was not entitled to bail on merits or medical grounds.

Conclusion:
The bail application was rejected based on the following grounds:
- The previous application was rejected on merits, and there was no change in circumstances.
- The applicant had misled the courts by submitting false medical certificates.
- The medical condition claimed by the applicant did not warrant bail as per the investigation and medical reports.

Order:
1. Bail Application No. 47 of 2021 is rejected.
2. The order will be digitally signed by the Private Secretary/Personal Assistant of the Court, and all concerned will act on the production by fax or email of a digitally signed copy of the order.