Gujarat High Court: While hearing a batch of applications wherein the prisoners were seeking temporary bail on the grounds of medical treatment, the Single Judge Bench of M.K. Thakker J., ordered the examination of the Medical Certificate issued by the Doctor, as prima-facie it was shown that the said Doctor was issuing bogus Certificates in the name of different hospitals with different addresses.
In the matter at hand, the two prisoners sought temporary bail for medical treatment on the grounds of Medical Certificates issued to them by a doctor. On perusal of the Medical Certificates issued by the Dreamz Multi Speciality Hospital and Shree Hari Multi Speciality Hospital, the Court discovered that stamp on both the Medical Certificates was affixed by the same doctor. The Court further examined the degree of the Doctor mentioned in the said Certificates, it transpired that the said doctor is having the degree of M.B.B.S. and M.R.S.M. (United Kingdom).
The Court perused an Order of the Trial Court wherein, the Trial Court had observed regarding the Certificate issued by Dreamz Multi Speciality Hospital and the degree mentioned in the certificate as M.B.B.S & M.R.S.M. i.e., Member of the Royal Society of Medicine, which belongs to United Kingdom, that M.R.S.M. is not a degree and the Doctor must be having a membership of that institution. The Court said that Doctor who attested the said Medical Certificate was M.B.B.S and had advised for surgery, which M.B.B.S was not qualified to perform.
The Court also noted that the Trial Court had observed that the said Doctor was in habit of issuing the Medical Certificates in the name of different hospitals i.e., Aarzoo, Shri Hari and Dreamz to aid prisoners for filing applications for bail before the Court of law. It was also noted that different addresses were mentioned in different certificates and the said Doctor had a previous criminal history. Thus, the Court said that prima-facie it was shown that the Doctor was issuing bogus Certificates in the name of different hospitals with different addresses.
Therefore, the Court ordered that the certificate issued by the Doctor should be verified and examined by the Investigating Officer concerned under the supervision of the Commissioner of Police, Surat, so that correct and true facts can be surfaced.
The matter was further listed for 08-06-2023.
[Dilip Trinath Gauda v. State of Gujarat, 2023 SCC OnLine Guj 1550, Order dated: 26-05-2023]
Advocates who appeared in this case :
For the Applicants: Advocate Amit D Shah, Advocate Khushbu R Shah;
For the Respondents: Advocate Bhargav Pandya.
