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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Piyush Srivastava – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral)
Relief sought
The jurisdiction of this Court has been invoked under Section 482 of the BNSS, 2023 (Section 483 of the Cr.P.C.) seeking the concession of anticipatory bail for the petitioner in FIR No.20 dated 29.10.2024, registered under Sections 120-B, 406 420, 467, 468, 471, 201 and 203 I.P.C. at P.S. Anti-Corruption Bureau, Faridabad.
2. Prosecution story setup in the present case as per the version in the FIR as under: -
To, The Station House Officer, Police Station Anti-Corruption Bureau, Faridabad Division, Faridabad. Sir, Enquiry No. 06 dated 12.12.2022 Faridabad Office of Chief Secretary, Haryana Government, Vigilance Department In compliance with the order No. 49/105/2022-4 (1) dated 08.12.2022 of the office of Director General, State Vigilance Bureau (HOO) Panchkula, as per endorsement 19462/1-2/SVB (H) dated 13.12.2022, the intelligence report -was registered and received for investigation and in this regard the office of the Chief Secretary, Haryana Government, Vigilance Department. In compliance -with the order No. 49/105/2022-4 Ch(l) dated 02.01.2023 of the office of the Chief Secretary, Government of Haryana, Vigilance Department, as
Chairman liable for unethical hospital practices; bail denied due to serious allegations of medical malpractice.
The court emphasized the necessity of evidence to substantiate allegations against contractors and established that contractual workers have the right to continuity of service without wrongful demand....
The main legal point established in the judgment is the requirement for a prima facie case of medical negligence before initiating criminal proceedings against medical practitioners.
The seriousness of the charges and the need for fair investigation were the central legal points established in the judgment.
Court found substantial evidence linking the applicant to embezzlement of institutional funds, warranting denial of anticipatory bail despite claims of false implication.
Whether to grant or not is a matter of discretion; equally whether and if so, what kind of special conditions are to be imposed (or not imposed) are dependent on facts of the case, and subject to the....
Court established that criminal proceedings must be based on preliminary inquiries conducted by qualified expert committees, especially in medical negligence cases, to protect the rights of accused a....
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