R.K. GUPTA Vs. STATE OF C.G.

JUDGEMENT

(1.) This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No. 350/2014 registered at Police Station Chakarbhata, District Bilaspur, for the offence punishable under Sections 304 and 304-A of IPC. Case of the prosecution, in brief, is that applicant being a surgical specialist (LTT Surgeon) posted at District Hospital, Bilaspur, on 08.11.2014 performed Tubectomy procedures (for short TT operation) of 83 females that too in six hours in a camp organized by the State Government through Chief/Block Medical Officer in Seth Nemichand Jain Cancer Hospital, Pendari (Sakri). It is further case of the prosecution that applicant performed 83 TT operations of females in the said camp in Violation of Standard Operating Procedure for Sterilization Service in camp laid down by the Government of India which provides that only 30 TT operations can be performed by a surgeon in a day. It is further case of the prosecution that the applicant while performing surgery, neither sterilized the instruments available for surgical intervention nor used the hand glove and he failed to take appropriate and proper care and caution in performing said operation and due to which, 13 patients out of 83 died (three women died due to septicaemia on 11.11.2014 and ten women died due to other reasons). On report, first information report was registered initially under Section 304-A of IPC and later on, offence under Section 304 IPC was also registered and the applicant has been arrested on 12.11.2014 by the police station Chakarbhata, District Bilaspur.

(2.) Shri Kanak Tiwari, learned Senior counsel appearing for the applicant would submit as under:

(3.) Per contra, Shri A.S. Kachhwaha, learned counsel appearing for state would oppose the bail application and would submit that applicant has Violated Standard Operating Procedures for Sterilization Services in Camps prescribed by Ministry of Health and Family Welfare, Government of India in March-2008 stipulating pre-requisites for sterilization camp site as well as probable client load. He further submit that the number of TT operation to be performed in one day by one doctor has been prescribed to be 30 and should not exceed 50 in any case. He would further submit that while-performing sterilization he did not properly sterilize the installments used in TT operations and also failed to use proper gloves while performing such operations, which is apparent from the statement of Ramawatar Suryavanshi whose wife Nema Bai succumbed to death in Hospital after consuming antibiotic Ciprocin provided to her after operation. He would also submit that according to postmortem conducted by medical team of five doctors three women patient died due to septicaemia and remaining ten patients died due to other reasons and in the post mortem report doctors held final opinion to be given after chemical analysis and histopathological studies and microbiological analysis. He would further submit that the samples of the seized medicine Ciprocin-500 and the Tbuprofen-400 were sent to Shree Ram Institute for Industrial Research Centre and also to the National Institute of Immunology, New Delhi for chemical/biological examination and report has been received in which presence of Zinc/Aluminum Phosphide based on phosphine gas have been found and according to report sent by National Institute of Immunology New Delhi, the 500 gm of Ciprocine-500 has capacity to cause acute toxic shock in Rats within 24 hours. He would lastly submit that the statement recorded by the police of the relatives of the deceased women would clearly establish that the applicant has performed the TT operation without following the standard procedure by the Government of India in March-2008 and therefore he is not entitled to be released on bail.