ABA-133-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO.133 OF 2022

Dr. Rajaram s/o. Dhondiba Shendge,

Age : 51 years, Occ. Doctor,

r/o. Main Road, Omerga, Tq. Omerga,

Dist. Osmanabad

..Applicant

Vs.

The State of Maharashtra,

Through Police Inspector,

Omerga Taluka Police Station,

Tq. Omerga, Dist. Osmanabad

..Respondent

----

Mr.K.N.Shermale, Advocate for applicant

Mr.D.R.Kale, Public Prosecutor for respondent

----

CORAM : R.G. AVACHAT, J.

RESERVED ON : FEBRUARY 26, 2022

PRONOUNCED ON: MARCH 04, 2022

ORDER :-

This is an application under Section 438 of the Code of

Criminal Procedure. The applicant claims to have apprehension of

arrest in connection with Crime No.0572 of 2021 registered with

Omerga Police Station, Omerga, Dist. Osmanabad for the offences

punishable under Sections 420, 465, 468 and 471 read with Section 34

of Indian Penal Code.

2

ABA-133-2022

2.

Heard learned counsel for the parties. Perused the First

Information Report (FIR) and related papers.

3.

The FIR has been lodged by the Medical Superintendent

(Class-I), Sub-District Hospital, Omerga, Dist. Osmanabad, on

12.10.2021. One Tanaji Bansode (accused no.2) had made a

complaint to the Civil Surgeon, stating therein that the applicant

herein had forged the medical papers and misappropriated Lakhs of

rupees under Mediclaim policies issued by various insurance

companies. The Civil Surgeon had, therefore, constituted a

Committee of three Doctors. The Committee made enquiry into the

matter, examined the documents and came to the conclusion that

the allegations made in the complaint by Tanaji Bansode were true.

The Committee, therefore, gave its report indicting the applicant

herein along with the complainant – Tanaji Bansode himself, since

Tanaji Bansode would run a Pathology Laboratory in the premises of

the hospital run by the applicant herein. The Committee found the

alleged offences to have been committed by both of them in concert

with each other. The Civil Surgeon, based on the enquiry report,

directed to lodge the FIR. The FIR, thus, came to be registered.

3

ABA-133-2022

4.

Learned counsel for the applicant would submit that the

applicant is a Medical Practitioner of good repute. He has been

practicing medicine for over twenty two years. No crime has ever

been registered against him. A false and frivolous complaint has

been lodged by Tanaji Bansode. According to learned counsel, only

with a view to harass the applicant, a false FIR has been lodged.

There is substantial delay in making the complaint. The complainant-

Tanaji Bansode would run the Pathology Laboratory on his own. The

premises was given to him by the applicant on rent. Learned

counsel would further submit that Tanaji Bansode, lateron, filed an

affidavit before the District Magistrate withdrawing all his allegations

in the complaint. Attention of this Court was also invited to the

Advocate’s notice issued on behalf of Tanaji Bansode to the applicant

herein and the reply given by the applicant thereto. According to

learned counsel, the D.G.P. (A.P.P.) gave his opinion in writing,

stating therein that no offence is made out against the applicant

herein. According to learned counsel, Dr.Alagekar, in his report

dated 24.02.2021, gave the applicant clean-chit. Learned counsel

would further submit that none of the patients had ever made any

grievance. No insurance company has filed any complaint.

4

ABA-133-2022

Investigation of the crime has been over. The charge sheet is filed.

He, therefore, urged for allowing the present application.

5.

Learned Public Prosecutor, on the other hand, opposed

the application.

6.

The applicant is a medical practitioner. He runs his

hospital at Omerga. Some portion of his hospital premises was

given to the complainant - Tanaji Bansode