In a significant ruling, the Rajasthan High Court has granted bail to Bhanwar Khan, a 52-year-old resident of Bikaner, while issuing a stern critique of the medical report submitted in his case. The court’s decision underscores the importance of accurate medical assessments in the judicial process and mandates action against the medical officer responsible for the flawed report.
Case Background
Bhanwar Khan, also known as Bhanwaru Khan, was arrested in connection with FIR No. 50/2024 filed at Police Station Jamsar, District Bikaner. He faced charges under Sections 341 (wrongful restraint), 323 (voluntarily causing hurt), and 307 (attempt to murder) of the Indian Penal Code (IPC). The bail application, filed under Section 439 of the Code of Criminal Procedure, 1973, was heard by Justice Rajendra Prakash Soni at the High Court of Judicature for Rajasthan at Jodhpur.
Court’s Observations and Decision
Flawed Medical Report
The court’s decision hinged significantly on the evaluation of the medical report concerning the injuries sustained by Makbool, one of the victims. The report, prepared by a Medical Jurist, classified one of the injuries as “dangerous to life” without providing a specific rationale. Justice Soni noted:
“The report has been made very casually and without application of mind.”
This observation raised concerns about the reliability and thoroughness of medical assessments in criminal cases.
Key Considerations for Bail
In granting bail, the court considered several factors:
1. Nature of Injuries: The X-ray report showed no bony injury, and the second injury was deemed simple in nature.
2. Custody Duration: Bhanwar Khan had been in custody since May 19, 2024.
3. Trial Duration: The trial was expected to take a considerable amount of time.
4. Merits of the Case: The court acknowledged that the petitioner had substantial grounds to question the prosecution’s case.
Justice Soni ruled that keeping the petitioner in detention for an indefinite period would serve no useful purpose, thus granting bail with specific conditions.
Bail Conditions
The court stipulated that Bhanwar Khan must:
– Furnish a personal bond and two surety bonds of sufficient amount.
– Appear before the trial court on all hearing dates.
– Submit details of all bank accounts, Aadhar cards, and bank passbook copies within seven days of release.
Directive for Action
In a noteworthy directive, the court ordered that a copy of the judgment be sent to the Secretary of the Medical and Health Department. This was to ensure appropriate action against the Medical Officer responsible for the casual and unsubstantiated medical report. The court’s directive aims to uphold the integrity of medical assessments in the judicial process.
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Legal Representation
– Petitioner (Bhanwar Khan): Represented by Mr. J.S. Choudhary, Senior Advocate, assisted by Mr. Pradeep Choudhary and Ms. Hemlata Choudhary.
– Respondent (State of Rajasthan): Represented by Mr. A.R. Choudhary, Public Prosecutor, with Mr. Vikas appearing for the complainant.
