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JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 98 OF 2021

Nanasaheb Piraji Doke

… Appellant

V/s.

The State of Maharashtra and Ors.

... Respondents

Mr. Swaraj S. Jadhav a/w. Vijay R. Garad i/b. D.K. Chavan for the

Appellant

Ms. A.S. Pai, P.P. for the Respondent - State

CORAM : NITIN JAMDAR &

SARANG V. KOTWAL, JJ.

DATE : 8 DECEMBER 2021

P.C. :-

This Criminal Appeal arises from the order refusing to

grant of bail to the Appellant. The bail was sought on the ground

that the Appellant was in critical health condition.

2.

By order dated 7 September 2021, the earlier Division

Bench had called for the medical report from the Sassoon Hospital,

Pune. On 5 October 2021, when the matter came up on board, the

following order was passed :-

“The Appellant had sought bail on the ground that he is

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in critical health condition. The order was passed by this

Court calling for medical report.

2.

When the matter is called out today, the learned

counsel for the Appellant informed that he has received

instructions that the Appellant has expired after the

order was passed by this Court calling for medical report.

Though the application/appeal for bail will no longer

survive, before we dispose of the appeal, we take note of

the report of the Chief Medical Officer dated 23

September 2021 shown to us by the learned APP. This

report only mentions the particulars of illnesses

described in medical terms. The report does not record

any conclusion as to what was the condition of the

Appellant, as to whether he was stable, critical,

recovering etc. By simply filing a report full of medical

terminology without recording any opinion, it is not

possible for the Court to decide the health condition.

3.

We would want to know from the Chief Medical

Officer who has prepared this report as to why no

conclusion has been mentioned. To enable the Chief

Medical Officer to explain the position by way of

affidavit, stand over to 20 October 2021.”

No cogent explanation came forth to the query raised by the Court.

On 20 October 2021, the following order was passed :-

“Upon query by the Court as to what is the

methodology followed by the State when a report

regarding medical condition of a person applying for

bail is sought by the Court and whether the report is

given in a particular format etc., the learned PP seeks

time to take instructions and to inform the court

accordingly.”

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3.

It is found that the medical reports are generally not

aligned with the query of the Court. Quiet often the reports do not

give the specific conclusions but only narration of the condition of

the patient in the medical terms. It is necessary for the adjudication

and also for understanding of the Court that a particular format

addressing the queries of the Court is prescribed for submission of

the medical reports. Otherwise it is left to the Court to adjudicate

the medical condition of the applicant without there being any

definite conclusion or opinion of the medical officer, who examines

the patient. The medical officers must take responsibility of

informing the Court the full particulars of the patient under their

care. It must also be realized that as a doctor, they have a duty

towards the patient under their care.

4.

The learned Public Prosecutor has placed before us a

format of the Medical Report prepared to be submitted to the Court

and assist the Court in arriving at the correct decision. The learned

Public Prosecutor states that the format was drafted with due

deliberations, with the officers. The format contains various

columns such as medical report and other details which includes

findings. It also includes medical facilities available in the prison

hospitals, medical advice and treatment given a