Fugitive criminal submits fake Covid report for interim bail extension in Delhi court, plea dismissed

Delhi's Patiala House Court refused to grant relief to Ratnesh Bhutani. The court directed him to surrender before the jail authorities.

Delhi's Patiala House Court has recently dismissed the plea of a Fugitive Criminal (FC) seeking an extension of interim bail in view of his conduct of filing his fake Covid-positive report. He sought relief on the ground of surgery for his mother.

The court refused to grant relief to Ratnesh Bhutani. The court directed him to surrender before the jail authorities. While declining the relief, Additional Chief Metropolitan Magistrate Swati Sharma said, "It is now clear that the FC placed on record his false/fake covid positive report which resulted in grant of some more time to him to remain with his family and look after his parents."

Therefore, in the opinion of this Court, considering the conduct of FC in placing on record the false/fake covid positive report and the absence of any immediate medical intervention, no ground is made out to grant him interim bail. Hence, his application seeking interim bail stands dismissed, the court said. The court also said, "Moreover, the general medical condition of parents of FC had been duly considered by the Delhi High Court and still the prayer of extension of interim bail was rejected.

The Court pointed out that the surgery of his mother was scheduled to be performed on 30.04.2023 but due to the false/fake covid positive report of his mother, the surgery could not be performed. "Even though she may have tested covid positive subsequently, as informed by the counsel for FC, however, the said report is not verified yet, so it cannot be relied upon considering the previous conduct of FC," the court said in the order passed on May 10.

Be that as it may, the surgery of his mother is again scheduled for 21.05.2023, which will again depend on certain factors like her general condition and stability of vitals etc., therefore, it is not certain whether the surgery is going to actually take place on May 21, 2023, the court said. "Considering the entire facts and circumstances of the case, this court is of the opinion that even if the medical documentation of the mother of FC has been verified and the concerned doctor has certified that his mother needs surgery then also no ground is made out to enlarge him on interim bail," it opined.

The FC was initially granted interim bail by the High Court of Delhi which was entended subsequently. Finally, the application for further extension of interim bail was dismissed on 17.04.2023 and the FC was granted liberty to move an appropriate application before the concerned Trial Court in case of any urgent need of surgery of his parents. Ratnesh Bhutani, an FC, had moved a plea through advocate Arpit Batra for grant of extension of interim bail. It was argued by advocate Arpit Batra that an extension of interim bail is required in view of the surgery of the mother of the applicant.

The counsel for FC submitted a letter of 15.04.2023 issued by the treating doctor of mother of FC as per which the surgery of mother of FC was scheduled for 30.04.2023. He also placed on record the RTPCR positive report of FC for SARS-COV-2. The Court directed counsel for UOI to verify both the medical documents furnished by FC and gave 10 days' time for the same as per their request.

On 01.05.2023, the counsel for UOI filed the verification report. As per the verification report, the concerned testing lab, Kantvam Healthcare, informed that "Currently we are not operational and not processing the sample in our lab from February month."

The counsel for FC on 01.05.2023 itself also placed on record the covid positive report of FC's mother issued from the same lab. The counsel for UOI got it verified and again the concerned lab gave the report that "currently we are not operational and not processing the sample on our lab from February month".

Ratnesh is an accused in a case of rape of a minor in the USA in 2005. He was arrested from Agra in 2021 after a run of around 17 years in the inputs US police through Interpol. A request for his extradition is pending before the concerned court in New Delhi. (ANI)

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