Bombay HC refuses bail to man whose mother faked illness

The court’s direction came after it learnt that the medical certificate of the bail applicant’s mother was forged and had the stamp and sign of the medical officer and civil Surgeon of Osmanabad civil hospital. The court on Thursday also imposed a cost of ₹5,000 on the man.

The Bombay high court (HC) last week rejected the bail application of a man from Osmanabad and directed the Civil surgeon of Osmanabad civil hospital to file a complaint of forgery with the police and submit a report to the court of the action. The court’s direction came after it learnt that the medical certificate of the bail applicant’s mother was forged and had the stamp and sign of the medical officer and civil Surgeon of Osmanabad civil hospital. The court on Thursday also imposed a cost of ₹5,000 on the man.

For representational purpose only. (HT FILE)

A division bench of justice Sadhana Jadhav and justice Nitin Borkar, while hearing the bail application earlier on January 19, was informed by advocate Priyal Sarda that the man was seeking temporary bail for six months so that he could take care of his mother who was suffering from breast cancer and diabetes. The bench was further told that the applicant was the only son, and hence his application should be allowed.

A medical certificate of the mother issued by Osmanabad civil hospital dated October 27, 2020 was submitted before the court to prove the genuineness of the claim. However, the court doubted the certificate and directed the public prosecutor to inquire.

Subsequently, the civil surgeon of Osmanabad civil hospital filed a report stating that the medical certificate was not issued by the hospital. The report further mentioned that there was no record to even remotely indicate that the said patient (applicant’s mother) was examined by any doctor of that hospital.

The mother, in her statement to the police, admitted that she did not have any documents to show that she was undergoing treatment from the civil hospital and said that she had obtained the certificate to get her son released for a temporary period. She, however, has not revealed how she got the certificate in question.

After hearing the submissions and perusing the inquiry report, the court on Thursday observed that the mother had admitted that she was not suffering from cancer. In light of this, the court said, “It is clear that the said certificate has been fabricated.” The bench also observed that the stamps of medical officer and civil surgeon have been misused by the person who had fabricated the certificate and hence directed the civil surgeon, Osmanabad has been asked to lodge a complaint at the police station and submit a report of the same to the court by February 26.

“A clear attempt has been made to mislead this court,” the bench held.

The bench rejected the interim application and imposed a cost of ₹5,000 on the applicant to be deposited within three weeks.