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CR.MA/3074/2009 6/ 6 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3074 of 2009
=========================================================
RATANSINH
JETHABHAI THAKOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BS PATEL for the
Applicant.
Mr. L.B.Dabhi, Addl.PUBLIC PROSECUTOR for the
Respondent.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 18/03/2009
ORAL ORDER
Rule.
Mr. L.B.Dabhi, learned Additional Public Prosecutor waives service of
notice of Rule on behalf of the respondent State.
2. This
application has been filed under section 439 of the Code of Criminal
Procedure, for grant of bail, in connection with FIR, being Cr.No.
I-145 of 2008, registered with Santrampur Police Station, for
offences punishable under sections 304-A and 114, of the Indian Penal
Code and sections 3 and 5 of Medical Practitioners Act.
3.
It appears from the FIR that the deceased was a student of standard
10 in Adarsh Madhyamik Shala which was run by a Trust. The applicant
is the Rector of the Hostel. The deceased who was staying in a
hostel of the school, fell ill and was taken to two doctors by the
applicant and Principal of the school. After treatment administered
by the said two doctors, the condition of the deceased deteriorated
and he was taken to Lunavada Cottage Hospital. However, the deceased
expired on the way and was declared dead. The allegation in the
complaint is that the applicant is involved in the commission of the
above-mentioned offences.
4.
Mr. B.S.Patel, learned counsel for the applicant has submitted that
the applicant is innocent and is not involved in the commission of
the offence. That the applicant is the Rector of the hostel run by
the Trust and when the boy (deceased) fell ill, the applicant,
alongwith Principal of the school, immediately took him to the Doctor
without having any idea that the Doctor does not possess a valid
degree. In fact, both the doctors to whom the applicant took the
deceased boy are popular in the area and are having a number of
patients. That the applicant has not committed any act of negligence,
and on the contrary, has made all efforts to see that the deceased
boy gets proper treatment, in time. The complainant has falsely
implicated the applicant which can be gauged by the fact that the
incident took place on 24.7.2008 and the FIR has been lodged on
22.11.2008. That the applicant has a very good reputation in the area
and is a known person. That as the applicant is not involved in the
commission of the alleged offence, the Court may exercise discretion
in his favour.
5.
On the other hand, Mr. L.B.Dabhi, learned Additional Public
Prosecutor has opposed the grant of anticipatory bail to the
applicant.
6.
I have heard the learned counsel for the respective parties,
perused the averments made in the application, contents of the FIR
and other documents on record.
7.
It appears from a perusal of the material on record that the
applicant, who is a Rector of the School in which the deceased boy
was studying, took the boy to two doctors who were having a good
practice in the area. Apparently, the treatment administered by one
Dr. Paresh may have led to deterioration in the condition of the
deceased boy as alleged and thereafter, the boy was taken to Lunavada
Cottage Hospital, where he was declared dead.
8. The
narration of events in the FIR, prima facie, does not implicate the
applicant as it does not transpire that he has been negligent or is
involved in the commission of the offence as alleged. Being a Rector
of the Hostel, it appears that he has taken care to take the deceased
boy to the doctor as soon as possible. In the facts and circumstances
of the case, considering the nature of offences alleged and the
manner in which death occurred, it is a fit case in for grant of
bail.
9. It
is accordingly, allowed. The applicant is ordered to be released on
bail in connection with FIR being C.R.No.I-145
of 2008 registered with Santrampur Police Station on his
executing a personal bond to the tune of Rs.10,000/- (Rupees Ten
thousand only) with one solvent surety of the like amount to the
satisfaction of the trial Court subject to the conditions that the
applicant :
a) shall
not take undue advantage of his liberty or abuse his liberty in any
manner;
b)
shall not act in a manner injurious to the interest of the
prosecution or tamper with evidence or intimidate witnesses;
c)
shall maintain law and order and shall cooperate fully with the
investigating officers and shall make himself available for
investigation, as and whenever directed ;
d)
shall mark his presence
before the Investigating Officer of the concerned Police Station on
15th and 30th of every English calendar month,
between 10:00 am and 5:00 pm, till the commencement of the trial.
e) shall
not leave the local limits of the State of Gujarat without the prior
permission of the concerned Sessions Judge;
f) shall
furnish his residential address to the Investigating Officer and
also to the court at the time of execution of the bond and shall not
change his residential address without prior permission of this
Court;
g) shall
surrender his Passport, if any, to the lower Court within a week.
h)
If the applicant commits breach of any of the above conditions, the
concerned Sessions Judge will be free to issue warrants or take
appropriate action in the matter.
10. It
is made clear that no observations made by this Court be construed as
having any bearing on the merits of the case, at the time of the
trial. The trial Court will proceed in accordance with law,
unaffected and uninfluenced by any observations contained in this
order.
11. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate, if prayed for.
12. Rule
is made absolute. Direct Service is permitted.
(Smt.Abhilasha Kumari,J)
***darji
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