VIVEK DASHORE Vs. ARUN TAMRAKAR

JUDGEMENT

(1.) The instant petition has been filed for cancellation of bail granted to Respondent No.1 by order dtd. 23/01/2019 passed by the Sessions Judge, Durg in case No.83/2019 whereby the bail has been granted to the Respondent No.1.

(2.) Case of the prosecution in brief is that the petitioner is DM (Cardiology) and he along with one Dr. Raghvendra Rai was working in Sparsh Multi Specialty Hospital Supela, Bhilai, District Durg. On 13/1/2019 one patient namely Kumari Bai (aged about 76 years) was admitted in the hospital. On preliminary investigation she was found to be patient of BP, Diabetes and heart problem. The relatives of the patient told that she was an old patient of heart problem. For satisfaction of relatives of the patient, Dr. Balakrishnan (outside doctor) was called to see the patient who also apprised the relatives of the patient as to serious condition of the patient. In the night (at about 9:00 p.m.) of 15/1/2019 the condition of patient suddenly deteriorated and she died despite all efforts made by the hospital. At about 10:00 p.m. the information of death of the patient was apprised to non-applicant Arun Tamrakar (son of deceased) and two other boys who are with him. Arun Tamrakar suddenly got angry, kicked the table and caught hold of collar of Dr. Rai, abused and assaulted him. Sensing the untoward incident, Dr.Vivek Dashore (petitioner) hide himself in the bathroom. Arun Tamrakar and his two companion took out petitioner from the bathroom, uttered obscene words threatened him and assaulted him whereby the petitioner received internal injury in his right knee.

(3.) Thereafter, Arun Tamrakar and his companion shouted and created scene in the hospital, they broke the table of the hospital and Arun Tamrkar slapped the lady guard (Smt. Sunita Sahu) damaged the stature of the hospital and also tried to break the door of ICU by kick. The incident has been recorded in the CCTV of the hospital. Arun Tamrakar and his companion shouted in the hospital for a very long time which created fear in the mind of hospital staff. Police come to hospital and tried to control the situation. The petitioner lodged the report at the Police Station Supela on 16/1/2019. On the report of petitioner FIR No. 67/19 under Ss. 294, 506, 323, 427/34 of Indian Penal Code and Sec. 3 of C.G. Medical Care Service Persons and Medical Service Institution (Prevention of Violence and Damage are loss to Property) Act, 2010 was registered. Arun Tamrkar filed an application for grant of anticipatory bail u/s438 of Code of Criminal Procedure before the learned Sessions Judge, Durg and the learned Sessions Judge granted anticipatory bail to non-applicant Arun Tamrakar vide order dtd. 23/1/2019. Hence this petition.