1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Suo Motto Contempt Petition No. 5 of 2008 in Criminal Revision Application No.153 of 2008 . a/w. Criminal Suo Motto Contempt Petition No.6 of 2008 in Criminal Revision Application No.154 of 2008 High Court in its own Motion v/s. Gautam Chand Chopda ..Respondent Mr.P.A.Pol, APP for the State Mr. Bharat Vaishnava with Mr.A.B.Dubey for the respondent/Contemnor CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. DATED : 9th December, 2009 P.C. : 1. While deciding Criminal Revision Application Nos.153 and 154 of 2008 by a common order dated 22.7.2008, this Court (Single Bench) had noted that the present respondent/Contemnor instead of remaining present 2 in the said revision application had submitted a medical certificate dated 28.4.2008 allegedly issued by Nandini Hospital at Pali, Marwar (Rajasthan). This Court had directed Nandini Hospital to produce the medical papers in respect to the admission of the contemnor in the said hospital and a letter dated 4.7.2008 addressed to him by Nandini hospital was on record. The said letter indicated that the contemnor was never admitted in the said hospital. It was in these circumstances, this Court noted that the contemnor has filed a fabricated, bogus and false document which prima facie amounted to contempt of this Court, since the said act interferes with the administration of justice. Both these criminal contempt petitions came to be registered as per the directions of the learned Single Judge vide Order dated 22.7.2008. 2. Shri Vaishnav, learned Counsel for the contemnor has placed on record the affidavits in both the contempt petitions. We have perused the same. The contemnor has submitted his unconditional and unqualified apology to this Court for misleading the Court. He has further contended that he was suffering from gall bladder sickness during the relevant period and therefore Dr. Goyal at Nandini Hospital at Pali had issued the certificate dated 28.4.2008. Thus, even in the affidavit in reply, the contemnor has not 3 clearly indicated the source of medical certificate and has reiterated that Nandini Hospital had issued the said certificate. If the contemnor was really admitted in the said hospital, irrespective of the medical certificate dated 28.4.2008 he could have submitted the admission card or the discharge card maintained by the said hospital, and no such document has been placed before us till this date. It is therefore obvious that the contemnor submitted a false, fabricated and bogus medical certificate so as to remain absent contrary to the directions issued by this Court. The conduct of the contemnor has caused interference with the administration of justice and he has played a fraud on this Court. We, therefore, hold the respondent guilty of committing criminal contempt of this Court within the meaning of Section 2(c) of the Contempt of Courts Act, 1971. 3. On the point of sentence, we have heard the learned Counsel for the contemnor, who had invited our attention to the affidavit in reply filed by him and he has submitted that in view of the explanation furnished, a sympathetic view be taken and the contemnor be sentenced by imposing fine rather than sentencing him to suffer imprisonment. 4. We accept the unconditional and unqualified apology submitted by 4 the contemnor and as provided in Section 12 of the Contempt of Courts Act, 1971, and we sentence him by imposing a fine of Rs.2000/- (Rupees Two Thousand Only) in each case. He shall remit the fine amount with the Nazir of this Court before 5.00 p.m. today and produce the receipt before the Shirestedar of this Court. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.] 5 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Suo Motto Contempt Petition No. 5 of 2008 in Criminal Revision Application No.153 of 2008 . a/w. Criminal Suo Motto Contempt Petition No.6 of 2008 in Criminal Revision Application No.154 of 2008 High Court in its own Motion v/s. Gautam Chand Chopda ..Respondent Mr.P.A.Pol, APP for the State Mr. Bharat Vaishnava with Mr.A.B.Dubey for the respondent/Contemnor CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. DATED : 9th December, 2009 P.C. : 1. Mr. Vaishnava, Advocate for the petitioner remitted the zerox copies of the fine deposited in this Court. The same is taken on record and marked “X”. 2. In view of the above circumstance, contempt petitions are disposed of. (R.Y.Ganoo, J.) (B.H.Marlapalle, J.)