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2020 DIGILAW 1556 (PNJ)

Buta Singh v. State Of Punjab

2020-08-21

HARNARESH SINGH GILL

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JUDGMENT Harnaresh Singh Gill, J. - The petitioner seeks regular bail in FIR No. 08 dated 16.6.2020 under Sections 420/465/467/468/471/120-B IPC and Sections 7, 13(1) of the Prevention of Corruption Act, 1988, registered at Police Station Punjab Vigilance Bureau, Bathinda Range, Bathinda (Unit Mansa), District Mansa. 2. Learned counsel for the petitioners contends that the petitioners have falsely been implicated in the above noted FIR, inasmuch as neither their names find mention in the FIR nor there is any, prima-facie, evidential justification to show their complicity with the other co-accused. It is further submitted that the petitioners have been running the business of supply of orthopaedic implants under the name and style of GB Orthopaedic Implants, Bathinda and the name of the aforesaid medical shop surfaced during the investigation as regards purchase of surgical implants from it on the basis of certain forged bills/quotations. It is further submitted that there is no evidence that the surgical implants and medical devices supplied by the petitioners' firm were sub-standard or overpriced. It is further submitted that all the quotations and contracts regarding the purchase of the aforesaid items, are subject matter of scrutiny and verification by the concerned department and merely because the said items had been purchased from the shop of the petitioners, is no ground for their indictment. 3. On the other hand, learned State counsel has opposed the bail application. 4. I do not find any merit in the submissions made by the learned counsel for the petitioner. 5. In the instant case, as per the contents of the FIR, the employees of the Government Hospital Mansa had been preparing bogus disability certificates, false dope test reports and manipulated MLRs and referring the patients to the private hospital(s), after taking illegal gratification. During investigation, Dr. Ashok Kumar, SMO, Civil Hospital, Mansa, was indicted in the present case on the allegations of fraud committed regarding purchase of surgical implants under Ayushman Bharat Scheme, by giving the work contract(s) to the medical shop of the petitioners. 6. The petitioners do not deny the purchase of the aforesaid items from their shop. The only plea raised by the petitioners is that the bills and the quotations issued by their shop, are subject matter of scrutiny and verification and could not be the basis of their indictment as accused. 7. 6. The petitioners do not deny the purchase of the aforesaid items from their shop. The only plea raised by the petitioners is that the bills and the quotations issued by their shop, are subject matter of scrutiny and verification and could not be the basis of their indictment as accused. 7. However, having supplied all the items on the orders placed by the accused/hospital authorities/employees, it does not stand to the common logic that the petitioners had been unaware of the illegal acts committed by the hospital authorities/staff. The allegations against the accused are serious in nature. A common man goes to the hospital with a blind faith in the health authorities, Doctors and the Hospital Staff. The allegations contained in the FIR, completely shatter such faith. The petitioners cannot be allowed to plead ignorance of the entire occurrence, when under the alleged scheme, they themselves are one of the beneficiaries and that during the investigation, the police has found that the orthopaedic implants had been supplied by their shop on the basis of forged quotations and the documents prepared in violation of the Rules. 8. Even as per the prosecution agency, the Vigilance Bureau has intercepted the mobile communications of all the accused, which revealed the involvement of the petitioners as well. 9. In view of the above, I do not find any ground to grant the concession of regular bail to the petitioners. 10. Hence, the present petition is dismissed.