The Delhi High Court has pulled up jail authorities after it emerged that a doctor who signed a medical status report describing himself as the Senior Medical Officer (SMO) did not hold that rank, observing that such a practice was “certainly not acceptable.”

Justice Girish Kathpalia made the observation while dismissing an interim bail application filed by a rape accused in a POCSO case, on medical grounds.

The allegations against the accused were that he had raped a minor girl, who subsequently gave birth to a child. The paternity of the child was allegedly established through DNA analysis. The victim and the child have since passed away. The Court noted that the accused had filed repeated applications for interim bail after failing to secure regular bail.

The interim bail application was based on the accused's claim that he was suffering from multiple ailments.

Earlier, on July 13, the Court had directed the personal appearance of the Senior Medical Officer to explain the medical status report filed in the matter, particularly the ailments suffered by the accused. The Court had also directed the jail authorities to provide the accused with the best possible medical treatment in the meantime.

However, during the hearing, the Court noticed that the medical status report appeared to be unusually lengthy and “rather a procured one”, with efforts seemingly being made to advocate the accused's case for interim bail.

The Court also noted that although the report stated that the accused was already receiving treatment at government super-speciality hospitals, the authorities were unable to explain what better treatment he could receive if released on interim bail.

More significantly, the Court found that Dr. Sahil, who had signed the July 6 medical status report as the Senior Medical Officer, did not actually hold that rank.

“This is certainly not acceptable,” it then remarked.

Dr. Sahil submitted that doctors in the jail routinely sign such reports by describing themselves as Senior Medical Officers.

However, the Court rejected this explanation, noting that the report did not merely describe him as signing “for Senior Medical Officer”. Instead, its concluding portion clearly described him as the Senior Medical Officer.

The Court further noted that the stamp used by Dr. Sahil carried the designation “Medical Officer Incharge”, but held that this was irrelevant since both the covering page and concluding page of the report represented the document as having been issued by the Senior Medical Officer.

During the hearing, the actual Senior Medical Officer, Dr. Rakesh Kumar, informed the Court that the accused's medical condition was presently stable and that he had not suffered any further seizure or bleeding. He also stated that the accused was already receiving treatment at super-speciality hospitals.

The Court accordingly dismissed the application for interim bail plea and directed the jail authorities to continue ensuring the best possible medical treatment to the accused, observing that such treatment is his fundamental right.

The Court also directed that a copy of the order be sent to the Director General (Prisons) for information and necessary action.

Appearance: Mr. Jitendra Kumar Singh, Advocate for Petitioner; Mr. Sanjeev Sabharwal, APP for State with Inspector Umesh Yadav and SI Vinod Bhati Ms. Bindita Chaturvedi and Ms. Gauri Kumar, Advocate for victim

Case title: Yogesh @ Monu @ Harvinder v. State

Case no.: BAIL APPLN. 2334/2026

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