Cr.Misc. NO. M 30588 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO. M 30588 of 2008 DATE OF DECISION 2.4.2009 Dr.Jeevan ......PETITIONER VERSUS State of Haryana. ......RESPONDENTS PRESENT: Mr.Akshay Bhan, Advocate Mr. SS Goripuria,DAG, Haryana M.M.S.BEDI,J. This order will dispose of two connected petitions filed by Dr. Jeevan (Cr.Misc. M 30588 of 2008) and Dr. Upender (Cr.Misc. M 34097 of 2008) seeking the concession of regular bail in case FIR No. 42 dated 6.2.2008 u/s 304/34,193/468/471/120-B IPC registered at P.S. Sector 55, Faridabad. The above said FIR was registered on the basis of information received from DSP (Crime), Faridabad to the effect that three foreign nationals,namely,Mehmet Bayzit, Ishmet Guner and Ahmet Yildirim had died in the years 2003,2004 and 2005, respectively on account of Acute Myocardial Infraction in Sadhbhawana Medical Centre, Ballabhgarh, run by Dr.Upender. Cr.Misc. NO. M 30588 of 2008 2 The case of the prosecution is that Dr.Upender is only a general Physician and is not specialized Cardiologist. The deaths of Turkey citizens had been caused on account of intentional delay and non availability of specialization treatment with Dr. Upender. The three patients were neither examined by ECG Test nor they were referred to any other hospital having better facilities. It is apparent from the police record that an inquiry was undertaken to find out as to what was the real reason for the death of Turkey citizens in the years 2003,2004 and 2005 and under what circumstances the death certificates were issued by Dr. Upender. During the inquiry it was reported that the names of Turkey nationals,namely, Ishmet Guner and Ahmet Yildrim stands recorded in the Roznamcha of Police Station, Ballabhgarh but there is no report regarding the death of Mehmet Bayzit. Ms. Yulkyu Otran wife of Hamja Otran had got recorded rapat No.32 dated 14.11.2004 at P.S. Ballabhgarh regarding the death of her uncle Ishmet Guner due to heart attack on 13.11.2004. In the same manner a rapat no.20 dated 15.10.2005 at 1.40 P.M. has been recorded regarding the death of Ahmet Yildirim due to heart attack by his brother Mehmet Yildirim at P.S. Faridabad. Dr. S.K.Sharma and Dr. S.K.Manocha, on the basis of their inquiry, reported that Dr.Upender was M.B.B.S. and he was treating the three patients as Cardiologist or specialist . The patients died as they could only be treated by a Cardiologist. During the course of investigation it was found that Mehmet Bayzit was admitted in the Sadhbhawana Medical Centre on 12.10.2003 and he died at 9.45 P.M. Ishmet Guner was admitted in the same hospital on 13.11.2004 at 2.50 PM and he was shown to have died at 3.15 PM. Similarly Ahmet Yildirim is Cr.Misc. NO. M 30588 of 2008 3 shown to be admitted on 15.10.2005 at 10.10 AM and he died at 10.15 AM. No specialist had been called by Dr. Upender for treatment of these three patients nor ECG Test was conducted though the said facility was available in the hospital. The death certificates of the said patients had been issued by Dr.Upender himself and the cause of death is recorded as Acute Myocardial Infraction. Initially, the FIR was registered against only Dr. Upender but subsequently Dr.Jeevan was also implicated in this case as the evidence came on the record and as per the disclosure statement of Dr.Jeevan when he was produced in the court on 11.4.2008 from District Jail, Jaipur after obtaining the production warrants. It is important to mention here that Dr. Jeevan is in judicial custody in a criminal case registered by the C.B.I. pertaining to illegal transplantation of kidneys. Dr. Jeevan was produced in the court of JMIC, Faridabad and his police remand was obtained till 17.4.2008. He made a disclosure statement before the police on 12.4.2008 to the effect that the Turkey national Ahhmet Bayzit amd Mehmet Yildirim had been got treated from Escorts Hospital, Friends Colony, Delhi.They were made to stay in Westend Inn and Orchid Hotel for quite some time. Dr. Jeevan has made a statement that he is brother of Dr.Amit, who used to perform the operations of kidneys. He used to help his brother Dr. Amit. He also used to bring the patients coming from abroad from the airport to the hotel and were operated upon in the hospital of Dr.Amit, H.No.4374, Sector 23, Gurgaon. So far as Mehmet Bayzit and Ahmet yildirim are concerned, they had come to get their kidneys transplanted. Kidney donor was to be arranged by Dr.Upender and Jagdish. The foreign nationals used to be kept in Cr.Misc. NO. M 30588 of 2008 4 different places like Westend Inn, Bristol Hotel and Uppal Orchid Hotel. They used to get their treatment from Escorts Hospital, Delhi and when they died, the death certificates were prepared by Dr.Upender on the asking of Dr. Amit. Embalming of the dead bodies of the said Turkey nationals was done in the years 2003 and 2004 at AIIMS, Delhi and in the year 2005 at Lady Harding Hospital, Delhi and the dead bodies were handed over to their family members. On the asking of the court, learned counsel for the petitioners have handed over the report u/s 173 (2) Cr.P.C., which has been presented before the trial court. From a perusal of the entire record it appears that the present case is an off shoot of another case pertaining to the transplantation of kidneys in violation of the provisions of law. The petitioners have been in custody in the said case registered and investigated by the C.B.I. From the perusal of the entire file it is reflected that the main allegation against petitioner Dr. Jeevan is that he being the brother of Dr.Amit used to help him in kidney transplantation. So far as Dr. Upender is concerned, he along with Jagdish used to arrange the donors and helped in the transplantation of kidneys. Since both the petitioners are facing trial for illegal transfer of organs, it is not necessary to probe the allegations against them, which is the subject matter of another criminal case. So far as the present criminal case is concerned, it will certainly be a moot point during trial whether the three Turkey nationals died merely on account of negligence of Dr.Upender or Dr. Jeevan. Without expression of any opinion on merits of the case, it is sufficient to observe that the petitioners can be granted the concession of Cr.Misc. NO. M 30588 of 2008 5 bail in the present case in view of the nature of the evidence collected against them and the nature of the allegations levelled against them in case of kidney scam. In view of the above, both the petitions are allowed and the petitioners are ordered to be released on bail on furnishing bail bonds/surety bonds to the satisfaction of the trail court. April 2 ,2009 ( M.M.S.BEDI ) TSM JUDGE