JUDGMENT 1. - The petitioner has moved this second application for grant of anticipatory bail under section 438 Cr.P.C. The petition has been filed under peculiar circumstances, which are somewhat shocking. The earlier application of the petitioner under section 438 Cr.P.C. was rejected on the ground that the injured-Gopalla son of Devanath has sustained an injury on the parietal bone by a sharp-edged weapon, which was found to be grievous in nature and the said injury was attributed to the petitioners. The injury report was prepared on 17.3.95 by Dr. K.K. Tanwani. 2. The accused-petitioner was alleging that the aforesaid medical report given by Dr. K.K. Tanwani was a fabricated one, as no grievous injury by a sharp-edged weapon was sustained on the injured-Gopal La1 on his parietal bone, he therefore, moved an application before the CM & HO, Ajmer-district putting his grievances about the said report and on his direction a Medical Board consisting of Dr. D C. Jain, Dr. A.P. Modi nad Dr. Gopal Mathur was constituted. The Board has given his detailed report, a copy which has been placed on record today. The report given by the Medical Board shows that tie injured-Gopal Lal son of Devannath had no fracture on parietal bone of skull. The report given by the medical-board raises some basic questions, which require serious consideration by the authorities concerned. Conviction or acquittal of an accused takes place on report of the doctor and if any doctor gives false or fabricated report it is a serious matter and it should be dealt with heavily. No chances should be allowed to pollute the criminal dispensation of justice at the hands of unscrupulous Medical Officers. 3. Consequently, I allow this application and grant pre-arrest bail to the petitioner under section 438 Cr.P.C. 4. The SHO/IO P.S. Arai is, therefore, directed that in the event of arrest of petitioner Kannath s/o Ramnath in FIR No. 33/95, he be released on bail, provided he furnishes a personal bond in the sum of Rs.
3. Consequently, I allow this application and grant pre-arrest bail to the petitioner under section 438 Cr.P.C. 4. The SHO/IO P.S. Arai is, therefore, directed that in the event of arrest of petitioner Kannath s/o Ramnath in FIR No. 33/95, he be released on bail, provided he furnishes a personal bond in the sum of Rs. 5,000/- with one surety in the like amount to his satisfaction on the following conditions : (i) that the petitioner shall make himself available for interrogation by a Police Officer as and when required; (ii) that the petitioner "shall not directly or indirectly make any inducement, threat or promises to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts, to the Courts. 5. Before parting with, while expressing my serious concern, I direct that a copy of this order alongwith a photostat copy of the report of the medical-board dated 28.7.95 be sent to the Secretary, Medical & Health, Government of Rajasthan, Jaipur for doing the needful in this connection. I hope and trust that firm steps shall be taken by him to prevent recurrence of such lapses in future. *******