JANATAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed under Sec. 438 Cr.P.C. seeking grant of anticipatory bail in case FIR No.5 dtd. 13/1/2022, registered under Sec. 304-A of IPC (Ss. 304 and 149 IPC added later on) at Police Station City Gurdaspur, District Gurdaspur.

(2.) Brief facts of the case are that on 11/1/2022, complainant's son namely Rohit Kumar met with an accident while going on his motorcycle and got his face injured. He was taken to Civil Hospital, Gurdaspur for treatment. On 12/1/2022, Dr. Rachna referred the patient to Guru Nanak Surgical and General Hospital, Gurdaspur for operation and on her recommendation, complainant brought his son to the said hospital being runby Dr. Rohit Hans (BDS). There, the complainant consulted the petitioner (Dr. Jonathan, BDS), who said that operation of patient's jaw is required to be done. On 13/1/2022 at about 11.00 a.m., the petitioner took the patient to the operation theatre, but the patient died due to medical negligence.

(3.) Learned counsel for the petitioner submitted that initially the case under Sec. 304-A IPC was registered and the petitioner was enlarged on bail. The subsequent insertion of Sec. 304 IPC is totally frivolous and it has been added merely to harass and humiliate the petitioner. Further elaborating his arguments, learned counsel contended that the petitioner was a qualified MDS (Dental Surgeon) and he was competent to conduct the surgery on the jaw of the deceased. He would further submit that the patient died even before the start of the operation and no negligence can be attributed on his part.