Recently the division bench of Justice Vibha kankanwadi and Justice S.G Chapalgaonkar of High Court at Aurangabad raised a needle of suspicion and questioned the  legitimacy  of   ‘Eagle Multispecialty’ hospital  at Aurangabad which they stated in their order   appeared   to be the only one  issuing certificates to inmates seeking parole. In this context the bench observed , ‘’it will not be out of place to mention here that while dealing with the parole applications in recent times,  we have come across that inmates are bringing certificates issued by this particular hospital  i.e Eagle Multi specialty hospital -Ranjangaon’’.

It also appeared to be the case  especially in the instant matter  that a   certificate of parole was issued to the petitioner  by one  Dr. Suraj S Rana,  who was an accused   in crime No. 319 of 2019, registered with Pundalik Nagar Police Station , District- Aurangabad, for offence punishable  under Sections 120-B, 314, 203, 201 of the IPC and hence the certificate  of parole issued by him to the petitioner  is questionable.

A   summary of the present case is that a petition was filed seeking relief from this court to issue  a writ in the nature of Mandamus or an order or direction in the nature of Mandamus directing Respondent 2 and 3 to release the petitioner for 30 days extension of parole leave  on compassionate grounds in the interest of justice and  to quash or set aside an impugned order dated  28.8.2024.  The petitioner was convicted by   Additional Sessions judge-1, Nashik, for offence punishable under Section 302 of the Indian Penal Code and by an order and judgment  dated 11.7. 2023 of the court he was sentenced to imprisonment for life.  He was arrested on 28.7.2016, and till the date of this order he had already served a sentence of eight years, so he sought parole leave for 30 days for his marriage on 27.7.2024. 

Acquiescing to the relief sought by him the court vide order 25.7.2024, granted him parole. While on parole leave the petitioner filed an application on 21.8.2024 for extension of  the period     stating that his wife was more  than  three months  into her pregnancy   and needed medical treatment for  cervical cerclage which is  a surgical procedure.  A medical certificate   was produced by him. However, his application was rejected  hence he filed this instant petition.

Facts before the court  that were considered crucial and questionable  in the petition  were that the petitioner’s wife  being  a resident of Nashik  had taken treatment from  the Outpatient Department (OPD) of  Eagle Multi Specialty Hospital , Ranjangaon, Gangapur, Aurangabad on 20.3.2024 and 22.5.2024. The court remained unconvinced that   she being a resident of Nashik  was opting to travel all the way to Aurangabad for treatment in a hospital.    Another issue of contention was the bonafide of    documents adduced by the petitioner regarding purpose of her treatment which the court observed  were   unclear raising doubts of their authenticity. The court in this regard stated, ‘’In fact we are not convinced with these documents and the fact that though wife of petitioner is resident  of Nashik, would try to get the treatment from the hospital at Ranjangaon, Taluka- Gangapur, District- Aurangabad’’. 

Notings in the  OPD sheet dated 17.6.2024, stated  that  symptoms of high- risk pregnancy and  the wife’s  age  being a  cause of  concern  were explained to the patient.  The petitioner had filed a medical certificate of his wife that was issued by Eagle Multi specialty hospital dated 30.8.2024, advising that she should undergo cervix cerclage within a week. Raising doubts about the hospital’s credentials  the court observed  that,  ‘’ it will not be out of place to mention here 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, Ranjangaon’’.  

  Also a matter of concern for the court  was the reliability  of Dr Suraj S. Rana  Who  had  issued the certificate of parole to the petitioner. In this regard the court observed that, ‘ especially in today’s matter the certificate issued by Dr Suraj S. Rana who appears to be  an accused  in Crime No. 319 of 2019 registered with Pundlik Nagar Police Station, District- Aurangabad, for the offence punishable   under Sections  120-B, 314, 203 and 201 of Indian Penal Code’’.

 The bench further  stated   that the ‘’Learned Advocate for the petitioner, upon inquiry, submits that the authorities from  the District hospital, Nashik are not ready to give certificate’. Taking serious note of the issuance of parole certificates by the hospital  the court stated, ‘’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’’. The  court therefore deemed  it fit to, ‘’ issue directions to the district Superintendent of police, Aurangabad to conduct the inquiry either by himself or through responsible high rank officer, to see how frequently the certificates are issued and what is the connection, as only one hospital is  now issuing such certificates. ‘The inquiry should be made as expeditiously as possible and the report in sealed cover be submitted to this court within a period of 15 days from today’’ the court stated. 

 Rejecting the prayers in the writ petition for want of credibility of the said certificate the court kept the matter pending only for the purpose of getting the inquiry report  after which further directions were to be passed.