ARJINDER SINGH BAINS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The matrix of the facts and material, which needs a necessary mention, for the limited purpose of deciding the instant petition for regular bail, filed by petitioner Dr.Arjinder Singh Bains and emanating from the record, as claimed by the prosecution is that, one Ruksana, elder sister of complainant Akaramudeen son of late Mehardeen (for brevity 'the complainant'), resident of Vijay Nagar, District Ghaziabad, used to remain ill. He was badly in need of money for her treatment. He met accused Shakeel, who advised him to remove one vein from his body and he would get Rs.2 lacs in lieu thereof. Consequently, the complainant gave his consent. Accused Shakeel brought him in village Khuda Lahura near Chandigarh and introduced him with other co-accused Amitab Pandey and Vikas. They have also reiterated and advised him to get one vein removed from his body and he would get Rs.2 lacs in this regard. At that time, the mother and brother of accused Amitab Pandey were also present there. Thereafter, all the accused took the complainant to Shivalik Hospital at Mohali and prepared some fake documents through accused Parshotam of Mungra (Bihar) to indicate him the brother of accused Archana Goyal, to whom, her vein was to be donated. Accused Faggu alias Sachin, Lab Technician, has taken the blood sample of the complainant and conducted the test at Shivalik hospital. Thereafter, Faggu alias Sachin, Lab Technician, was stated to have changed his (complainant's) blood with the blood sample of brother of patient Archana Goyal, after accepting the amount of Rs.80,000/- from Amitab Pandey.

(2.) Sequelly, the case of the prosecution further proceeds that having completed all the codal formalities and after receipt of the DNA reports, the petitioner was stated to have performed the operation of complainant and he was discharged from the hospital on the fourth day of the surgery. Thereafter, the complainant went to his village. Subsequently, he suffered some pain in his stomach. He consulted the doctor there, who informed him that his one kidney was removed by operation. When confronted with the situation, main accused Amitab Pandey and Vikas did not give any clear answer to the complainant. All the accused were stated to have connived with each other and removed the kidney of the complainant by preparing the fake documents. In the background of these allegations and in the wake of complaint of complainant, initially, a criminal case was registered against main accused Shakeel, Amitab Pandey, Vikas, Archana Goyal, Parshotam, Manju Pandey, Faggu alias Sachin and Ashok Pandey etc., vide FIR No.42 dated 5.7.2012 (Annexure P-1), on accusation of having committed the offences punishable under Sections 419, 420, 468, 471 and 474 read with Section 120-B IPC and Sections 18, 19A and 20 of The Transplantation of Human Organs Act, 1994 (hereinafter to be referred as 'the TOHO Act'), by the police of Police Station Phase-VIII, S.A.S. Nagar (Mohali), in the manner depicted here-in-above.

(3.) During the course of investigation, the police joined the petitioner as a prosecution witness, who has explained his position and made statement dated 1.8.2012 (Annexure P14), which, in substance, is as under:-