Bombay High Court rejects plea for parole extension, orders inquiry into Aurangabad Hospital Medical Certificates

Mumbai: Questioning the authenticity of medical certificates, the Bombay High Court recently rejected a prisoner's plea seeking a 30-day extension of parole leave on medical grounds and ordered an inquiry into the issuance of medical certificates to various prisoners by a particular hospital in Aurangabad.  

The Division Bench of the Bombay High Court, comprising Justices Vibha Kankanwadi and S.G. Chapalgaonkar was hearing the case of the petitioner, a convict serving a life sentence, who had requested an extension to take care of his pregnant wife.  

The petitioner was sentenced to life imprisonment in 2023 for a murder committed in 2016 in Nashik. In July 2024, he was granted a 30-day parole to get married, with his wedding scheduled for July 27, 2024. 

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During his parole leave, the petitioner filed a petition on August 21, 2024, seeking an extension of parole for the purpose of his wife’s medical treatment, as she was pregnant for more than three months. The petitioner submitted a medical certificate from the hospital in Aurangabad, claiming his wife required urgent cervical cerclage surgery due to complications in her pregnancy, as per the SSC Times news report. 

However, the court raised concerns about the authenticity of the medical certificates presented and ordered an inquiry into the frequency of certificates issued by a particular hospital in Aurangabad. The case was moved to the court after the prison authorities denied his application.

Noting that the petitioner and his wife visited the same hospital multiple times, despite also visiting a district hospital in Nashik, the court expressed scepticism about this, stating that no clear reason had been provided for seeking treatment at a hospital so far from her residence.

Further, the court observed that the doctor who issued the certificate was implicated in a criminal case involving offences under Sections 120-B (criminal conspiracy), 314 (causing death by an act done with intent to cause miscarriage), 203 (giving false information), and 201 (causing disappearance of evidence) of the IPC. The court also pointed out a troubling pattern, observing that many inmates had been submitting medical certificates from the same hospital for parole applications.

As per India Today news report, the bench observed, "It will not be out of place to mention that while dealing with the parole applications in recent times, we have come across that the inmates are bringing certificates issued by this particular hospital i.e. Eagle Multispeciality Hospital, Rajnajgaon."

It further added, "When we are coming across the certificates issued by the same hospital, there has to be an inquiry into the matter, as to whether there is any connection. Therefore, we deem it fit to issue directions to the District Superintendent of Police, Aurangabad to conduct the inquiry....to see how frequently the certificates are issued and what the connection is, as only one hospital is now issuing such certificates. The inquiry should be made as expeditiously as possible."

The court emphasized that the inquiry should be completed as quickly as possible, with the findings to be submitted in a sealed report within 15 days. The matter has been further scheduled for a hearing on September 23, 2024.