Delhi HC orders to file complaint against convict for filing false affidavit and fabricated medical record

New Delhi: The Delhi High Court has recently directed to file a complaint against a convict who got interim bail in December 2023 on the basis of "false" affidavit and "fabricated' medical records.
Manoj Gogia alias Maanav Maan was an accused in a rape and cheating case. His appeal against the conviction and sentence is pending before the Delhi High court.
He was granted interim bail in December 2023 and the same was extended on July 2, 2024, till August 8 on the grounds that surgery was scheduled for July 7.
A new application seeking an extension of interim bail was again filed by relying upon certain documents relating to the medical condition of the convict which were stated to be issued by a hospital named, Aadhya 9, Multi-speciality Hospital. The same documents were directed to be verified by the Respondent as directed on dated August 6, 2024.
A division bench comprising justices Prathiba M Singh and Amit Sharma dismissed the interim bail plea moved by Manoj Gogia alias Maanav Maan. Additionally, a complaint has also been directed to file against him.
"It is deemed appropriate to direct filing of the complaint against the Appellant for having filed a false affidavit and fabricated medical records under Section 379 of the Bharatiya Nagarika Suraksha Sanhita, 2023," the division bench said in an order passed on August 8.
The High Court directed the Registrar General to file a complaint with the concerned Judicial Magistrate First Class (JMFC) who shall proceed in accordance with law.
The bench dismissed all the applications seeking an extension of the interim suspension of sentence and miscellaneous applications.
The High Court considered a status report of August 8, 2024, which shows that Aadhya 9, Multispeciality Hospital wrote a letter on August 7, 2024, stating that the medical records filed by the appellant did not belong to them and the said hospital did not issue the same and hence, the medical records have not been verified.
"The hospital, in fact, goes on to say, under the signature of Dr Rahul Arora, who is the medical superintendent of the hospital, that the records produced by the Appellant are fake and fabricated," the division bench observed.
The said letter reads, "Respected Sir, as per our hospital records, Mr Manoj has never visited our hospital for treatment. The medical records enclosed do not belong to our hospital and therefore these medical records are not verified. These records are fake and fabricated. This is for your kind information and necessary action."
Additional Public Prosecutor (APP) Ritesh Bahri argued that even the allegations against the appellant are extremely serious and he having filed fake and fabricated medical documents on record ought not to be granted any extension and ought to be directed to surrender immediately.
On the other hand, counsel for the appellant submitted that in the earlier applications, the records of Dr Preet Singh Chawla were duly verified and the circumstances leading to the non-verification by Aadhya Hospital were not known.
However, she, under instructions from the wife of the appellant submitted that the reasons why such a letter had been issued by Aadhya Hospital are unknown.
"The letter of Aadhya9 Multi-Speciality Hospital is clear and categorical to the effect that the records of the Appellant are fake and fabricated. Under such circumstances, the Appellant cannot be shown any compassion for the manner in which this Court has been sought to be misled for seeking extension of the interim suspension of sentence," the division bench observed.