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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. R. MENGDEY
Kartik Jashubhai Patel – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. application for bail due to medical malpractice allegations. (Para 1 , 2) |
| 2. evidence supporting allegations of unethical practices and lack of patient consent. (Para 3 , 4 , 5 , 6) |
| 3. court's decision against granting bail based on serious allegations. (Para 10 , 12 , 13) |
ORDER :
M. R. MENGDEY, J.
1. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11191020240478 of 2024 registered with Vastrapur Police Station, District Ahmedabad, for the offences punishable under Sections 105, 110, 336(2), 336(3), 340(1), 340(2), 318 and 61 of the Bharatiya Nyaya Sanhita.
2. Learned senior counsel Mr. Sudhir Nanavati with learned advocate Mr. Ankit Shah has submitted that in the present offence, investigation is over and a charge-sheet has been filed. The F.I.R. in the present offence was lodged on 10th November, 2024 and the applicant herein was admittedly not present in India at the time of registration of an offence nor the applicant was present in India when the medical camp was organised at Village Borisana, Taluka Kadi. The applicant herein is not a qualified doctor and therefore, in no case the
Chairman liable for unethical hospital practices; bail denied due to serious allegations of medical malpractice.
The seriousness of the charges and the need for fair investigation were the central legal points established in the judgment.
Medical negligence is defined by a breach of duty. Mere errors in judgment by medical professionals don't equate to negligence if they act within acceptable standards.
Clarity in medical reports is essential for granting bail on medical grounds; ambiguous documents may lead to allegations of fabricating evidence.
Criminal negligence in medical cases requires a higher degree of negligence than civil liability; sufficient prima facie evidence can justify prosecution without expert testimony.
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