Chandigarh Court: Form medical board to examine accused admitted to private hospital

The driver of the car was identified as Aman Ehsan and another occupant of the car as Ambrose Marcus. After the accident, the Kharar (sadar) police registered a case under sections 304 (culpable homicide not amounting to murder) and 427 (mischief, damage to the property of fifty rupees) of the Indian Penal Code on the complaint of Ajmer Singh’s son Harpreet Singh.

On May 10, Aman was produced in the court of judicial magistrate, Kharar, and an application for obtaining his judicial remand was filed. Aman’s counsel told the court that he was injured and was also in a wheelchair. The counsel for the accused requested that Aman needed medical treatment and made a request to refer the accused to Apolo Clinics, Sector 8, Chandigarh, for treatment and father of the accused gave his undertaking that he will pay the treatment expenses of the accused.

The court allowed the request and ordered that the accused shall be committed to judicial custody after taking the medical treatment. Hence, he was remanded in judicial custody till May 24.

Meanwhile, the complainant filed a revision petition in the court of Additional District and Sessions Judge (ADSJ) Harsimranjeet Singh. The accused also filed a bail plea in the same court which came up for hearing on May 21.

The counsel for the revisionist urged that the accused had not suffered such grievous injuries which necessitated private treatment. Rather he should have been got admitted to Civil Hospital, Phase- 6, Mohali, and his injuries be got examined from the medical board.

The counsel for the accused stated that the accused was not in a position to stand and his hipbone got dislocated on account of which he is getting medical treatment from Appollo Hospital, Sector 8. Chandigarh. He stated that he has no objection if the accused be examined by the medical board to elucidate the controversy and ascertain that whether injuries suffered by the accused are sufficiently grave in nature to justify his treatment from private hospital.

Thus, the counsel for Aman submitted that it would be in the fitness of the things if the accused is ordered to be examined by the medical board regarding the nature and impact of injuries suffered by him in the accident.

After hearing the contentions, the court ordered, “Keeping in view the rival submissions, the court is of the considered view that it is imperative in the interest of justice that Aman Ehsan be examined by the medical board as to ascertain whether accused is required any hospitalisation and, if so, for how long.”

The court ordered, “In view of the above, necessary directions are ordered to be issued to Chief Medical Officer, Civil Hospital, Phase-6, SAS Nagar (Mohali) to constitute Board of Doctors immediately for examination of accused Aman Ahsan regarding the nature, extent and impact of injuries received by him.

IO present in the Court is directed to ensure production of accused Aman Ahsan before the Medical Board on May 22 or any other convenient date for his medical examination and the Medical Board is directed to submit its report on or before May 24.”

The doctor who was on duty when Aman was taken to the hospital at Kharar Civil hospital deposed in the court on Wednesday that Aman suffered minor injuries.