K. J. VAIDYA, J. ( 1 ) THIS is indeed one of those few cases which demonstrate as to at what dare devil extent the prisoner can go for fabricating false medical certificate, case papers, etc and that too of Sir JJ Group of Hospitals, bombay, to dupe the High Court for obtaining bail and/or interim bail and/or getting it extended by invoking its false sympathy on the feigned medical ground of undergoing the special treatment for his cardiac ailment, and yet, fortunately as the things would have been, just by stroke of the sheer hand of providence, the same came to be detected because of the little care and circumspection evinced by this court at the time of further extending the interim bail by insisting upon the verification regarding the truthfulness and genuineness of the medical case papers through the instrumentality of the responsible police officer ( 2 ) TO narrate few relevant facts leading to filing of the present Misc. Criminal application to extend the bail, it may briefly be stated that the prisoner bachubhai Mafatbhai Suthar a practising orthopedic Surgeon, running a Hospital in the name of "navdeep Hospital" at modasa, was tried alongwith one another accused viz. , Vishnubhai N. Suthar, working as his Compounder, on the charge of murdering Thakorebhai Haribhai thakkar, in Sessions Case No. 309/91, for the alleged offences punishable under sections 302, 34 read with Section 120-B 0f the Indian Penal Code, wherein at the end of trial, the learned City Sessions judge, Ahmedabad by judgment and order dated 27-5-1992 convicted and sentenced both of them awarding RI for life. This was challenged by the petitioner before this court by filing Criminal Appeal No. 652/ 92. When the said appeal came up for admission before this Court (Coram: V. H bhairavia and S. M. Soni, JJ.) on 28-5-1993, the same was admitted, refusing the prayer for bail. 2. 1 Thereafter on 25-11-1993, the petitioner filed one another Misc. Criminal application No. 5888/93; once again praying for releasing turn on bail on the very same medical ground of treatment of his cardiac disease. In support of this, the petitioner had also produced medical certificates and case papers of Sir. JJ hospitals, Bombay. 2. 1 Thereafter on 25-11-1993, the petitioner filed one another Misc. Criminal application No. 5888/93; once again praying for releasing turn on bail on the very same medical ground of treatment of his cardiac disease. In support of this, the petitioner had also produced medical certificates and case papers of Sir. JJ hospitals, Bombay. On 26-11-1993, the said Mrsc Criminal Application was listed for admission and this Court (Coram : N. J. Pandya and D. G. Karia, JJ.) passed the following order :- "rule returnable on 30-11-1993. Mr. Divetia waives service of the Rule. For that date, the original case papers and other related papers indicating the treatment given to the petitioner the original of which shall be kept before the Court. " on 1-12-1993, after perusing the papers, the said very Bench passed the following order :- "for undergoing diagnostic angiography. the applicant is, ordered to be released on bail initially for a period of four weeks commencing from the date of his production of an appointment date fixed by the doctors at Bombay. On production of the document, i he shall be released on bail two days prior to the appointment so that he can conveniently keep this appointment. It is clarified that this is an order of temporary bail only and the amount is fixed at Rs. 10. 000/- (Rupees ten thousand only ). The bond which is required to be submitted shall include a condition that the applicant will not leave the conutry without prior permission of the Court. Rule made absolute accordingly. "2. 2. Thereafter, the petitioner filed yet one more Misc. Criminal Application No. 262/94 i. e. , the present application on 20-1- 1994, inter alia praying for releasing him on bail on the very same medical ground and in the alternative to extend and continue the interim bail already granted. When this matter came up for admission before this bench on 21-1-1994, by way of abundant caution, before extending the interim bail as prayed for, we directed the learned APP to send the responsible Police Officer to Sir. JJ group of Hospitals, Bombay to verify the truthfulness and genuineness of the medical certificate and other case papers already produced earlier, as well as the Annexure-C produced alongwith this petition. Accordingly, on 21-1-1994, this Bench passed the following order :- "rule returnable on 3-2-1994. Mr. JJ group of Hospitals, Bombay to verify the truthfulness and genuineness of the medical certificate and other case papers already produced earlier, as well as the Annexure-C produced alongwith this petition. Accordingly, on 21-1-1994, this Bench passed the following order :- "rule returnable on 3-2-1994. Mr. K. V shelat, the learned APP waives service of the rule. Bachubhai Mafatlal Suthar - the petitioner (original appellant) by this Misc. Criminal Application has moved this Court inter alia praying for extending the bail granted on medical grounds on 1-12-1993 by this Court (Coram : N. J. Pandya and d. G. Karia, JJ.) for a longer period. At this stage, it is not possible to accede to the request of Mr. Sanjanwala to extend the bail for a longer period without there being any material before us to satisfy that in face the petitioner deserves that much extension of bail. Under the circumstances, the respondent is directed to send the investigating Officer to Sir JJ Group of hospitals, Bombay-400 008, to verify the truthfulness and genuinenss of the medical certificate issued so far as well as the one produced in this application at Annexure-C by: (1) Recording the statements of the concerned Doctor. (2) Contacting the appellant-accused and personally seeing whether he is confined to bed or not. (3) Asking for the case papers from the doctors. (4) Asking for the stamped receipt given by the Doctors. (5) Asking for the medicines prescribed. (6) Asking for the bills from the chemists and also recording the statements of those Chemists. The concerned officer of Sir. JJ Group of hospitals is requested to co-operate with the Investigating Officer in the interest of justice. After this enquiry, the Investigating officer or the Officer who visits Bombay for the purpose of investigation, shall file an affidavit and produce the same alongwilh the aforesaid report. Mr. Sanjanwala, the learned Advocate shall pass on the address of the appellant- accused wherever he is at present, which shall be immediately supplied to the concerned Police Officer who is asked to file affidavit on the aforesaid points. In the meantime, the bail already granted is extended upto 3-2-1994 on the same terms and conditions. On the same day, the Police officer shall personally remain present, ready with the affidavit and all the aforesaid Annexures. Direct service permitted. "2. 3. In response to our aforesaid directions, Mr. In the meantime, the bail already granted is extended upto 3-2-1994 on the same terms and conditions. On the same day, the Police officer shall personally remain present, ready with the affidavit and all the aforesaid Annexures. Direct service permitted. "2. 3. In response to our aforesaid directions, Mr. J. F Zala {in-charge jamadar}, Modasa Police Station visited sir. JJ Hospitals at Bombay, contacted the hospital autorities and the petitioner and on the basis of the same on 4-2-1994 has filed an affidavit. To briefly reproduce the contents of the said affidavit, Mr. Zala has stated therein that as per the directions of this Court, he had visited Sir. JJ Hospital at bombay on 1-2-1994 and 2-2-1994 and inquired from the hospital authorities first of all to show him the medical case papers pertaining to the present petitioner, and secondly, whether they had issued the document at Annexure-C. In response to the said inquiry, Mr. Zala was handed over a sealed cover containing a letter dated 2-2- 1994 addressed to the Registrar of this court written by the Dean of the Hospital. The said letter reads as under :-NO. JJH/hc/mcl/2294 office of the Dean, sir JJ Group of Hospitals, bombay 400 008 2-2-1994to, the Deputy Registrar and Senior high Court of Gujarat at Ahmedabad. REF: Application No. 262 of 1994 Criminal appeal No. 652/93 (Admitted on 27- 7-93)REF: Shri Bachubhai Mafatlal Suthar v/s. State of Gujaratwith reference to your letter dated 21-1- 1994, according to that the record produced by Shri Bachubhai Maftlal Suthar vide indor Reg. 4302 date of admission 30-12- 1993, date of discharge 11-1-1994 not correct as per our hospital records. This discharge card are not issued by the official authority. This is for your information and necessary action. SD/- superintendent sir. JJ Group of Hospitals bombaycopy to :- office In-charge, modasa Police Station, modasa Sabarkantha, himatnagarin the aforesaid Affidavit, it is further stated by Mr. Zala that when he visited the hospital, the petitioner was found moving freely and clinically quite healthy man in the hospital compound itself. On demanding the details of his case papers, treatment taken by him, bills of medicines purchased, etc. , the petitioner could not supply anything, except the xerox copy of the cardiogram of the Central Prisons hospital dated 24-9-1993. On demanding the details of his case papers, treatment taken by him, bills of medicines purchased, etc. , the petitioner could not supply anything, except the xerox copy of the cardiogram of the Central Prisons hospital dated 24-9-1993. On making further inquiry as regards his future treatment and whether he wanted to take the same at Bombay, the petitioner declined to take the same. ( 3 ) NOW despite the fact that though the aforesaid affidavit was duly served upon the petitioner to enable him to meet with the situation, not only no reply has been filed but orally even no attempt has been made to controvert the specific allegations made in the said affidavit. Therefore, in view of the said affidavit of Mr. Zala, further hearing of this petition was adjourned to 10-2-1994. On 10-2-1994, once again, at the request of the learned Counsel for the petitioner, the hearing was adjourned to 15-2-1994 and simultaneously the jail authorities were also directed to keep the petitioner Bachubhai present before this Court at 11. 00 a. m on that day. 3. 1. Pursuant to our aforesaid directions, petitioner Bachubhai is kept present before us. We in the presence of two learned counsels Messrs. G. N Desai and S. H. Sanjanwala enquired from him as to whether a copy of the affidavit filed by Mr. Zala (In-charge Jamadar), Modasa Police station has been served upon him, to which he has replied in affirmative. Thereafter, we had also explained to him the specifie accusation, namely, that he has fabricated the case papers of Sir. JJ Hospitals, bombay produced at Annexurr "c" and also others on the record to get himself illegally released on bail on patently false ground of his cardiac treatment at Bombay. We have also informed him about the contents of the affidavit filed by Mr. J. F. Zala. When this was made amply clear to the petitioner, he expressed his desire to make clean-breast of the alleged offence of fabricating the medical papers by pleading quilty and prayed for mercy in the matter of sentence. At this stage, we specifically warned him by telling him that whether he pleads quilty or not, same may or may not have ultimate bearing on the decision we may take to punish him. At this stage, we specifically warned him by telling him that whether he pleads quilty or not, same may or may not have ultimate bearing on the decision we may take to punish him. It is only after this clarification in an unmistakable terms made to the petitioner accused, and thereafter, when he still persisted to plead the alleged guilt that we hav thought it proper to record his plea of guilty in respect of the aforesaid accusation. In fact, it is the case of the petitioner that though he was quite innocent and had not committed any offence, as alleged, and yet as the misfortune would have been, he became the victim of the alleged offence, and accordingly came to be convicted and sentenced to life. It is because of this unbearable situation and idea of remaining behind the prison-bars for the whole life that he became impatient to free himself from jail atmosphere at any cost and he fabricated false medical evidence at any cost and thus, he fabricated false medical certificate, case papers, etc. for that purpose. The petitioner repending before this Court has further stated that he has realized the gross mistake committed by him and further assured this Court that he will refuse to succumb to any such illegitimate temptation in future and will not repeat the mistake which he has unfortunately committed in this case. ( 4 ) NOW having regard to the facts and circumstances of this case, prima facie, the aforesaid plea of guilty by the petitioner docs not appear to be genuine one, that is to say, honest, sincere and coming out from any genuine repentance to inspire any confidence in this Court. From the experience, it appears to us that such type of false, fabricated, scheming pleas of guilty are always advanced whenever the accused finds himself inextricably clutched up in tight corner, finding it utterly difficult to wriggle out of the same. In fact, it is only in extreme and in the rarest of the rare cases where the person who commits a calculated crime and thereafter honestly at once pleads guilty and show readiness to undergo any punishment that the Court may inflict. This rather hardly happens ! In fact, it is only in extreme and in the rarest of the rare cases where the person who commits a calculated crime and thereafter honestly at once pleads guilty and show readiness to undergo any punishment that the Court may inflict. This rather hardly happens ! nobody in this world ordinarily commits a crime; first to be detected, and in case if by chance so detected, thereafter to voluntarily plead guilty and to undergo any punishment that the Court may inflict; unless and unless only if it is a result of the illicit "plea- bargaining" between the accused and the court or that he has been utterly confused, totally broken down and crushed down by his own conscience where feeling exasperated finds no alternative but to plead gdilty. But this, as stated above, is a rare phenomenon. Accordingly, we believe that this feigned plea of guilty is just sort of the dust-in-eye of the Court attempt invoking false sympathy of this Court to earn sympathy to encash it for the lighter sentence. In this view of the matter, conscious as we are, we refused to take the lighter view of the matter on the point of sentence. ( 5 ) THAT takes us now to consider and determine as to what offence is commited by the petitioner-accused and for that what should be the just and proper sentence ! now bearing in mind the fact that the alleged offence of fabricating the false medical certificate is undoubtedly one of the most serious offence against the administration ef justice which clearly falls within the perview of Section 192 of the indian Penal Code, pertaining to "fabrication of false documents" for which, the punishment provided in Section 193 of the Code is imprisonment for a term which may extend upto 7 years and also fine some stringent view is required to be taken in the matter of awarding sentence to have deterrent effect on like-minded accused persons. Now, therefore, merely because the petitioner has pleaded guilty, that by itself is not a circumstance to let him off lightly without any order of sentence. Accordingly, taking into consideration the facts and circumstances of the present case, we feel that the sentence of two years and fine of Rs. 1,500/- would be quite just and proper to meet with the ends of justice. Accordingly, taking into consideration the facts and circumstances of the present case, we feel that the sentence of two years and fine of Rs. 1,500/- would be quite just and proper to meet with the ends of justice. Now, so far as the substantive sentence of imprisonment is concerned, in view of Section 147 (2) of the criminal Procedure Code, 1973, the same has to be ordered to run concurrently. ( 6 ) WHILE parting, we would like to sound a word of caution to all the concerned, be it a court or the jail authorities, called upon to decide the bail or parole application, as the case may be, on the basis of the alleged medical certificates, if the prisoner is allowed to successfully dupe and manage through to get away from the jail imprisonment, then in that case, firstly, it will bring about the Administration ot justice in great ridicule and disreupte in the eyes of the people, secondly, this in turn would impair the image of Administration of Justice, thirdly, in turn it stands to shake the very faith of people in the administration of Justice and exposes it to the comment that "law governs the poor and the rich and influential governs the law" i. e. , to say that those persons who are rich and influential and who can manage to get certificates from the big hospitals like sir JJ Hospital, Bombay can always manage to remain out of the jail for as long a period as they like, as against the person who is just poor and uninfluential and not capable to fabricate and manipulate false certificates. Such an unfortunate impression of double standard is totally unbearable for any Court for the simple reason that if the Court is not to take care of its own inage and esteem, which is ultimately the sole basis for the faith of people in the Administration of Justice and the system of the "rule of Law" then none indeed can be blamed more for the consequential failure of justice and the society thrashed and thrown into the darkness of recurring state of injustice then the court itself. It is indeed for this simple reason that no court should accept the medical certificate at its face value without verifying; in the first instance, the seriousness of sickness and in the second instance, its truthfulness and genuineness ! It is indeed for this simple reason that no court should accept the medical certificate at its face value without verifying; in the first instance, the seriousness of sickness and in the second instance, its truthfulness and genuineness ! in this regard, approach of the court should neither be that of the blind thrust to mechanically accept and rely upon the medical certificate at its face value nor that of the distrust to reject the same outright ! once on the basis of any medical certificate a prisoner approaches the court and or the jail authorities to get himself released on temporary bail or parole, then the truthfulness and genuineness of the same ought to be put to the acid test and verified before the same is accepted and acted upon. Any slip or oversight in taking this care is likely to bring about the disastrous result upon the society on the prisoner coming out of the jail. Taking the object lesson from this very case itself, every court and authority shall have to exercise a special care, caution and circumspection before relying upon the medical certificate at its face value. It should not be forgotten that the prisoner who is sent to jail is always keen and struggling hard to get out of it at the earliest and at any cost, and under any pretext. This natural and ordinary modus operandi cannot be afforded to lose sight of any standard of the common sense, by any court or authority exercising discretion while releasing the prisoner on bail or parole. As against such modus operandi on the part of the prisoner, the Court and the learned APP should always be on extreme and constant guard and must always bear in mind the observations and guideline streamlined in case of Ala Ramji v. The state of Gujarat, reported in 32 (1991) g. L. R. , page-722. The relevant portion of which (Para Nos. 5. 1, 6 and 6. 1) reads as under :-"5. 1. No Court or any authority should take upon itself the risk of accepting and relying upon such defective Medical certificate till the time it is duly verified and found to be correct. Granting of a medical Certificate by the Doctoi is an act of serious responsibility. 5. 1, 6 and 6. 1) reads as under :-"5. 1. No Court or any authority should take upon itself the risk of accepting and relying upon such defective Medical certificate till the time it is duly verified and found to be correct. Granting of a medical Certificate by the Doctoi is an act of serious responsibility. In fact in Modis textbook of Medical Jurisprudence and toxicology, a very important instruction has been imparted to doctor while issuing the medical Certificate. According to Dr. Modi, these are the simplest forms of documentary evidence and generally refer ill-health, soundness of mind, death, etc. These Certificates should not be given lightly or carelessly, but with a due sense of responsibility for the opinion expressed in them. They are not accepted in a court of law unless they are granted by a duly qualified Medical Practitioner who is registered under the State Medical Council act. In giving a certificate, a Medical practitioner should mention the exact nature of the illness and preferably should take, at the bottom of the certificate, the thumb- mark impression or signature of the individual to whom it refers. " Dr. Modi has also prescribed a specimen form of such medical Certificate in Appendix-II of the said book. The said form reads as under :-This is to certify that Mr. . . . . . . . . . . . . . . . . . . aged about. . . . . . . . . . . . . . . . years, bearing following identification marks has been examined by me this day and I find that he is suffering from. . . . . . . . . . . . . . . . . . . . . . . . . . . He is advised to take rest for. a period of identification marks : (1) (2) signature and Reg. No. of the Doctor. Place : date : 5 (2) Further, in order to be still little more exact regarding the identity of the sick person in whose respect the Medical certificate is to be issued, a photo of such sick person duly signed by the Doctor can be insisted upon (of course it is for the authorities concerned to decide by framing the necessary rule regarding the same ). The idea is that at any cost, the rot that has entered in submitting bogus certificate must be checked. In fact, the jail authorities should inform all prisoners in jail that the medical Certificate will not be considered complete unless it complies with in the form suggested above. 5 (3) In our opinion, the Medical certificate in order to command even the prima facie credibility, must comply with the aforesaid instructions of Dr. Modi. ( 7 ) AFTER passing the above prima facie credibility test, the Medical Certificate has still one more reliability test to undergo before it can be safely accepted and relied upon. Accordingly, whenever any Medical certificate is produced to press in service for obtaining orders in matters of parole leave or bail, the proper officer has to make further inquiry by contacting the Doctor concerned who is stated to have issued the medical Certificate in question. The concerned Doctor should be asked: (i) whether the certificate in question has been issued by him; (ii) whether he can identify the person in whose favour such certificate was issued. Despite these questions and answers, if some lingering doubts about the truthfulness of the certificate still persists, then the Inquiry Officer should not feel helpless to ask the Doctor : (i) to show the indoor-patient register; (ii) the counterfoils of fees receipt and/or any other medical service charges and/or advance hospitalization charges, etc; (iii) the treatment chart of the person concerned maintained in the hospital; (iv) and if the inquiry is made immediately, to see whether the sick person so named in the certificule is actually present in the hospital; (v) the last but not the least to personally see such sick person, record his statement, ask for the medicines prescription given by the doctor and the bills regarding the medicines he purchased, etc. It is this final report on the basis of which such Medical Certificate can either be accepted or rejected. Such inquiries should be prompt and at the D. S. P level so that other side do not frustrate the same by "doing the needful". It is this final report on the basis of which such Medical Certificate can either be accepted or rejected. Such inquiries should be prompt and at the D. S. P level so that other side do not frustrate the same by "doing the needful". The reason behind verification and counter-checking of the Medical Certificate in these days all possibilities of same being false, forged and fabricated cannot be ruled out, and the reason for indepth inquiry on the lines suggested above, is that any slackness in lightly accepting the Medical Certificate is fraught with grave danger particularly in cases where the same is produced in support of parole leave or bail application. Any slackness in duty and vigilance in the matter has all the potentialities to play with the life, law and order ofthe society. 6. 1. Therefore, for proper maintenance of law and order, and further with a view to see that no person involved in serious offences escape from the prison by playing with the sentiments and sympathy of the authorities on ground Of some false illness of the family members, operation, etc on the basis of bogus marketable medical certificates, insistence upon full-proof medical certificates on the lines suggested above are desirable. " ( 8 ) IN view of the aforesaid discussion, at the cost of repetition, it may be stated that it is the duty - both of the Public prosecutor and the Court to see that before any medical certificates pressed in service either to obtain parole or bail are accepted and acted upon, the same should be duly verified in the light of the observations made hereinabove. Before the Lower Court also, pending trial, many a times the under- trial prisoners press in service the medical certificates for getting bail on the ground of some sickness. In such cases, in the interest of justice, the Doctors can be and should be summoned to give evidence on oath so as to find out : (i) the seriousness of the alleged sickness and the truthfulness and genuineness of the medical certificate issued by him. ( 9 ) IN the result, this application fails and is dismissed. The petitioner is sentenced to suffer RI for two years and to pay a fine of rs. 1,500 and in default, to undergo further ri for six months. Application dismissed .