LAWS(HPH)-2016-2-5

SUBHASH THAKUR Vs. STATE OF HIMACHAL PRADESH

Decided On February 12, 2016
SUBHASH THAKUR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The petitioner has sought pre -arrest bail in case FIR No. 20/2016, 30.01.2016, registered at Police Station, Rampur Bushehar, District Shimla, under Sec. 304 -A of IPC and Sec. 13(1)(d) of the Prevention of Corruption Act.

(2.) The respondents have produced the records of investigation and have also filed the status report.

(3.) What emerges from the prosecution story is that on 30.01.2016, a complaint was lodged by one Kulvinder Singh with the Station House Officer, Police Station, Rampur Bushehar alleging therein that his father deceased Narender Singh had been admitted in 'Sri Khand' hospital on the recommendations of co -accused Dr. Rajeshwar Thakur, who is posted as a General Surgeon at MGMSC Government Hospital, Khaneri. The complainant had further stated in his application that his father had been suffering from stone in the gall bladder and when he contacted co accused Dr. Rajeshwar Thakur, no date for operation was fixed and was further informed that in case he wanted undergo an immediate operation, then he should contact at 'Sri Khand' hospital. Thereafter, father of the complainant was admitted at 'Sri Khand' hospital on 29.01.2016 where co -accused Dr. Rajeshwar Thakur operated the deceased at about 6.00 p.m. and on 30.01.2016 at about 6.00 a.m., the father of the complainant died in the hospital.