Delhi HC denies interim bail after doctor signed report as senior medical officer despite not holding rank

Delhi: The Delhi High Court has dismissed an interim bail plea filed on medical grounds by an accused in a POCSO case after finding that the doctor who signed his medical status report as Senior Medical Officer did not actually hold that rank, calling the practice "certainly not acceptable".

The accused is facing charges of raping a minor girl who later gave birth to a child, with DNA analysis reportedly confirming his paternity. Both the victim and the child have since died. After failing to secure regular bail, the accused had filed repeated applications for interim bail, citing various health conditions.

On July 13, the court directed the Senior Medical Officer of the jail to personally appear and explain the medical report on the accused's condition. Also, it directed the jail authorities to ensure he received proper treatment in the meantime, reports Live Law.

When the report came up for review, the court noted it was unusually lengthy and appeared to be "rather a procured one," seemingly aimed at supporting the bail plea. The court also found a gap in the argument: the report stated the accused was already being treated at government super-speciality hospitals, yet no one could explain what additional treatment he would receive if released.  

The larger issue emerged when the court examined the report's signatory. The doctor who signed the July 6 report as Senior Medical Officer did not hold that designation. When questioned, he said jail doctors commonly sign such reports this way regardless of rank. The court rejected this explanation, noting that the report had not been signed "for" the Senior Medical Officer but had directly identified him as holding that position in its concluding section.

The Court further noted that the stamp used by the doctor carried the designation “Medical Officer In-charge”, but held that this was irrelevant since both the covering page and concluding page of the report represented the document as having been issued by the Senior Medical Officer, Live Law reported.

Later in the hearing, the actual Senior Medical Officer informed the court that the accused's condition was stable, with no further seizures or bleeding, and confirmed he was already receiving treatment at super-speciality hospitals.

The court dismissed the bail application, directing jail authorities to continue providing the accused the best possible medical treatment as his fundamental right. It further ordered that a copy of the order be sent to the Director General (Prisons) for information and necessary action.