The Allahabad High Court (HC) recently rejected bail plea of the owner of the building of a hospital where a patient died last year allegedly due to carelessness of the hospital. The deceased was a dengue patient who had been administered adulterated platelets.
A bench of Justice Saurabh Shyam Shamshery said, “For a patient, hospital is like a temple wherein doctors are worshipped as a God. However, of late, there are many reported incidents that both management of hospitals and doctors are treating patients as a tool of earning money”.
The judge said that for the sake of more money, the hospital as well as the doctors are now indulging in such practices which are contrary to their “Hippocratic” oath. “Specifically, when there is scarcity of medicines, medical instruments, and platelets,” the judge added.
Regarding the present case, the judge noted that the accused persons, knowing well that adulterated platelets to a dengue patient may cause his death, still indulged in the activity of making money by procuring adulterated platelets and providing them to the patients, which ultimately led to the death of deceased.
“Applicant has not only committed an offence which is against one person but in the given circumstances it is against public at large,” the judge underscored while denying any relief to the accused hospital owner.
THE CASE
The FIR in the matter was registered last year under Sections 419, 420, 467, 468, 471, 274, 304, 120B IPC at Dhoomanganj Police Station in Prayagraj.
The allegations against the accused persons were that a patient died at Global Hospital, Asrawal Road, Saha Pipalgaon, Parayagraj because adulterated platelets were provided and injected to the deceased.
Seeking bail in the matter, present applicant Pappu Lal Sahu, submitted before the high court that he is neither owner nor shareholder nor staff of hospital concerned, rather he is only the owner of building wherein the hospital is running.
The accused’s counsel argued that the accused was not involved in the day-to-day working of the hospital and he was roped in the case only because he had offered help to the complainant’s side for arranging platelets for the deceased.
However, the bail application was vehemently opposed by the counsel appearing for the informant/complainant who alleged that applicant and his son were involved actively in procuring adulterated platelets.
The court stressed that the case pertained to a time when dengue was spreading and it was difficult to get platelets of same blood group and black marketing of platelets was prevailing.
“The applicant is one of such person, who was indulged in such unethical work. He has misused the trust of a patient and indulged in such activity with help of his son that not only took money but to provide such platelets which was not procured from proper licensed place,” the court highlighted.
Stating that evidence for the allegations of conspiracy, forgery and fraud were prima facie available on record, the court dismissed the bail plea.
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