The Madhya Pradesh High Court directed a medical student to render services at district hospital or community health centre every alternate sunday for a year, as a condition for bail.
The present petition under Section 482 of Cr.P.C has been preferred by the petitioner seeking modification in the condition of the order dated 12.02.2021 passed while granting benefit of bail to the petitioner. By the effect of said condition, the petitioner had to perform community service as siksha swayamsevak in Government Primary School situated nearest to residence of the petitioner.
It is stated that it is the anxiety of the petitioner that because of prevailing condition of Covid-19 Pandemic it would be difficult for her to move to a government primary school to perform community service because at the first hand schools are running through online mode, it would not be apposite for the petitioner to move in the vicinity as there is a chance of spread of Covid-19 Pandemic is at large, therefore, she seeked modification.
The applicant contended that she intends to perform community service but in a different manner as may be provided by the Court.
Advocate Praveen Newaskar, ASGI appearing for the respondent CBI submitted that if petitioner really intends to perform community service as per her undertaking given in the order, then she being a medical student of post graduation, can perform community service in any Community Health Center in the vicinity of the petitioner.
The division bench of Justice Anand Pathak and Justice G.S. Ahluwalia stated that to that extent petitioner is right regarding prevailing conditions of Covid-19 Pandemic as due to Covid-19 Pandemic Schools are usually running through online mode.
The court said that looking at the status of the petitioner as a medical student ( doing post graduation in Ophthalmology) from Indus Medical College, Indore, she is directed to perform community service by visiting every alternate Sunday to P.C. Sethi Distt. Hospital, Indore or Community Health Center at Mangliya, Distt. Indore wherever she desires to do and should perform her duties as General Practitioner and if required, she will assist Specialist/ Ophthalmologist of the said Center by tendering her services.
The court made it clear that if she has to perform any emergency service on Sunday in pursuance to her P.G. Course, then on that Sunday, she would be exempted to do community service, but she would compensate for it while going for community service on any other day to adjust her duties accordingly.
Case title: Dr. Neha Padam V. Central Bureau of Investigation
Citation: M.Cr.C. 61314/2021