KAN NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has moved this second application for grant of anticipatory bail under section 438 Crimial P.C. The petition has been filed under peculiar circumstances, which are somewhat shocking. The earlier application of the petitioner under section 438 Crimial P.C. was rejected on the ground that the injured-Gopalla son of Devanath has sustained an injury on the parietal bone by a sharp-edged weapon, which was found to be grievous in nature and the said injury was attributed to the petitioners. The injury report was prepared on 17.3.95 by Dr. K.K. Tanwani.

(2.) The accused-petitioner was alleging that the aforesaid medical report given by Dr. K.K. Tanwani was a fabricated one, as no grievous injury by a sharp-edged weapon was sustained on the injured-Gopal La1 on his parietal bone, he therefore, moved an application before the CM & HO, Ajmer-district putting his grievances about the said report and on his direction a Medical Board consisting of Dr. D C. Jain, Dr. A.P. Modi nad Dr. Gopal Mathur was constituted. The Board has given his detailed report, a copy which has been placed on record today. The report given by the Medical Board shows that tie injured-Gopal Lal son of Devannath had no fracture on parietal bone of skull. The report given by the medical-board raises some basic questions, which require serious consideration by the authorities concerned. Conviction or acquittal of an accused takes place on report of the doctor and if any doctor gives false or fabricated report it is a serious matter and it should be dealt with heavily. No chances should be allowed to pollute the criminal dispensation of justice at the hands of unscrupulous Medical Officers.

(3.) Consequently, I allow this application and grant pre-arrest bail to the petitioner under section 438 Crimial P.C.