R B GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Dr. R.B. Gupta, the petitioner seeks pre-arrest bail in a case registered by way of FIR No. 146 dated 30.06.2012 at Police Station Patran, District Patiala, for an offence punishable under section 304 IPC.

(2.) Learned counsel for the petitioner has contended that in pursuance of the directions of this court issued vide order dated 13.08.2012, the petitioner has joined the investigation and has cooperated with the same. According to him, custodial interrogation of the petitioner is not required for investigation of this case. According to him, no opinion of a medical expert in the field has been obtained to the effect that the petitioner had been grossly negligent in conducing the surgery upon Balwinder Kaur wife of the complainant Surender Singh for bleeding uterus at Jagdish Rai Multi Specialty Hospital, Patran. He has referred me in this regard to a decision in Jacob Mathew v. State of Punjab and another, 2005 3 RCR(Cri) 836 where the doctor was accused of medical negligence in conducing operation without gas cylinder being available and the patient had died. The proceedings under section 304-A IPC had been quashed holding that the hospital may be liable in civil law. It is also held in this case that a private complaint against the doctor may not be entertained unless the complainant is supported by another competent doctor.

(3.) Learned State counsel assisted by learned counsel for the complainant, on the other hand, has submitted that it is a case of gross negligence where the deceased was operated upon for cyst in uterus without their being anaesthetist and other competent assistance. According to him, the hospital at which the operation was conducted was not even having any equipments for carrying out the said operation. According to him, conducting of operation in those circumstances amounted to reckless negligence.