Madhya Pradesh High Court directs medical student to serve at community health centre as bail condition

The Gwalior Bench of Madhya Pradesh High Court recently directed a medical student to render her services at a district hospital or a community health centre every alternate Sunday for a year, as a condition for bail [Dr. Neha Padam v. Central Bureau of Investigation (CBI)]..A Division Bench of Justices Anand Pathak and GS Ahluwalia was hearing a petition under Section 482 of the Criminal Procedure Code 1973 preferred by a medical student, seeking modification of one of the bail conditions imposed by the Court earlier.The earlier bail condition was as follows:"The petitioner as a Shiksha Swayamsevak shall render physical and financial assistance to government primary school situated nearest to residence of petitioner for ensuring hygiene and sanitation and for removing deficiencies of infrastructural amenities in the said school from the skill/resources of the petitioner.".The petitioner then moved an application expressing her anxiety to fulfill the above condition because of the prevailing COVID-19 pandemic.She submitted that since the schools are running through an online mode, it would not be appropriate for her to move in the vicinity of the school as there exists a chance of spread of COVID-19 pandemic at large.She, however, said that she was willing to render community service with suitable modifications to the earlier condition.Additional Solicitor General of India Praveen Newaskar, appearing for CBI, submitted before the Court that if the applicant really intends to perform community service as per her undertaking, then she being a medical student of post graduation, can perform community service in any community health centre in her vicinity..After considering the submissions of the parties and the facts of the instant case, the Court agreed to modify the condition of bail.The Court, therefore, directed the applicant to perform community service in following manner:Petitioner shall visit every alternate Sunday to P.C. Sethi Distt. Hospital, Opp. G.P.O., Indore or Community Health Center at Mangliya, Distt. Indore wherever she desires to do and shall perform her duties as General Practitioner and if required, she will assist Specialist/Ophthalmologist of the said Center by tendering her services. Chief Medical and Health Officer/Civil Surgeon, Indore shall permit her to do so.The petitioner shall perform this community service on every alternate Sunday between 10 am to 2 pm and this shall continue for one year or till she completes her Post Graduation course in Ophthalmology, whichever is earlier. She shall not be a source of infection or discomfort to any patient in any manner during her stint in Community Service. It is expected that petitioner shall seriously perform her services to purge her misdeeds if any and to serve national/social cause without any fail and she will submit the report every third month before this Court for perusal..The Court, however, clarified that if the applicant in pursuance of her post graduation course has to perform any emergency service on Sunday, then she would be exempted to do community service that Sunday, but she would have to compensate for it by doing such service on any other day to adjust her duties accordingly.Advocates Brajesh Tyagi and RS Yadav appeared for the appellant..[Read Order]