DILIP TRINATH GAUDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On 26/5/2023, the Co-ordinate Bench of this Court observed that the certificate of Dr. M.L. Patel annexed along with the application of temporary bail, indicates that, whereas the certificate annexed along with the application for temporary bail Dr. M.L. Patel who has issued the certificate is M.B.B.S. whereas he has recommended the surgery of mother of the present applicant, recommended by Dr. M.L. Patel, which he could not have recommended as only a surgeon can recommended the surgery and Dr. M.L. Patel is holding degree of M.B.B.S. and therefore, the Co-ordinate Bench vide order dtd. 26/5/2023 directed the certificate issued by Dr. M.L. Patel to be verified and examined by the concerned Investigating Officer under the supervision of the Commissioner of Police, Surat.

(2.) Pursuant to the aforesaid order, today, Mr. B.P. Rozia, Additional Commissioner of Police, Crime Branch, Surat City has filed a report dtd. 6/7/2023 and the same is taken on record. Wherein at the end, after recording, the manner in which, he examined the certificate and carried out investigation, he has stated that on the date of operation i.e. 5/6/2023, the patient was not found in the Surat City and the patient that is the mother of the applicant has never approached Dr. Mahendra L. Patel after 10/5/2023. Further, in the report it is categorically stated by ACP Crime Branch, Surat that the behavior of Dr. Mahendra L. Patel appears to be suspicious and even the call details also reflects that the calls were made to the doctor were from Orissa as the location of the mobile number from where the calls were made from Orissa and therefore, the certificate dtd. 23/5/2023 was issued only with a view to see that the present applicant is enlarged on temporary bail or the temporary bail may be extended.

(3.) In view of aforesaid report as prima-facie it seems that the present applicant as well as Dr. Mahendra L. Patel of Dreamz Multi Specialty Hospital, having connivance with each other, tried to mislead this Court just with a view to see that the applicant is enlarged on temporary bail or temporary bail is extended.