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Court granted mail to Doctor who was allegedly shielding men accused in suicide case by issuing that certificate without postmortem: Gujarat High Court

This particular decision is upheld by the High Court of Gujarat through the learned bench led by HONOURABLE JUSTICE A.S. SUPEHIA in the case of Nilesh Gopalbhai Nimavat v. State of Gujarat (R/Criminal Misc. Application No. 10810 of 2021).

Facts:

The instant application addressed a bail application revolving around a matter concerning a 20-page suicide note. Instant application was filed to seek bail in connection with FIR for the offences punishable under Sections 306, 465, 477, 120B and 114 of the Penal Code, 1860.

It was submitted that First Informant was a follower of Khodiyar Dham Ashram and the same was being run by Jayramdas Bapu. It was alleged that on 01-06-2021 he received a call that something happened to Jayramdas Bapu and on reaching the ashram it was noticed that he passed away.

It was alleged that a suicide note by Jayramdas Bapu was found from his room containing 20 pages in which deceased named three accused. It was stated in the note that the accused people caused mental and physical torture to bapu and had recorded the videos of bapu in compromising conditions with some ladies due to which bapu committed suicide.

Further, it was alleged that the death certificate certifying that the deceased passed away of natural death i.e. cardiac arrest with incorrect time of death issued by one Dr Kamlesh Kareliya of Dev Covid Care Center, was in fact issued at the behest of the applicant.

The role, which is sought to be alleged and played by the applicant, is that when he examined the dead body of the deceased, the applicant being a doctor, did not prescribe for the postmortem of the deceased and by issuing such certificate, he had tried to save or shield the main accused.

Judgement:

High Court while granting the bail to the applicant considered following:

(a) The role attributed to the applicants;

(b) The applicant is not named in the F.I.R.;

(c) The applicant is a doctor, who was treating the deceased since last several years;

(d) Prima facie, the F.I.R. reveals that there is no monetary ill-gain by the applicant;

(e) Prima facie, the ingredients of Sections 306, 107 as well as 465 of the IPC are not established in the case of the applicant;

(f) The suicide note, which is left by the deceased does not implicate the applicant in any manner and there are no allegations leveled against the applicant in this regard in the F.I.R.;

(g) Considering the facts of the case, the custodial interrogation of the applicant at this stage is not necessary.

Bench relied upon the following Supreme Court cases:

Sushila Aggarwal v. State (NCT of Delhi), and

Siddharam Satlingappa Mhetre v. State of Maharashtra,

In view of the above, the present application was allowed.

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Judgement reviewed by – Arvind Roshan

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