M.S. TALEKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition under section 482 Crimial P.C., petitioners have impugned order dated 1.2.2012, passed by Sessions Judge, Gurgaon whereby application under Sec. 391 Crimial P.C. filed by the petitioners has been dismissed.

(2.) Learned counsel for the petitioners has vehemently argued that the court below has erred in rejecting the application preferred by the petitioners under section 391 Crimial P.C. None of the petitioners was incharge of the hospital at the relevant time. Thus, they were wrongly convicted by the trial court. Even the complaint does not contain any allegations against the petitioners. Instant application was moved by the petitioners during the pendency of appeal to show that they were gainfully employed elsewhere. Appellate court erred in rejecting the same. He has relied upon judgments reported as State of Gujarat Vs. Mohanlal Jitamalji Porwal and another, 1987 AIR (SC) 1321 and Rambhau Vs. State of Maharashtra, 2001(2) R.C.R. (Criminal) 721.

(3.) Prayer has been opposed by State counsel. According to him, prosecution produced evidence to show that petitioners were Directors of the Hospital in question. None of them denied this fact. At the time they sought pre-arrest bail, they themselves claimed to be Directors of the Hospital in question. According to him, trial continued for considerable period. Petitioners never produced any such evidence, now sought to be produced before the appellate court.