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Modasa doctors booked for rolein spread of Hepatitis B get bail

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Express News Service

Posted: Mar 06, 2009 at 0118 hrs IST

Ahmedabad Father-son duo had been charged with culpable homicide for negligence

Two doctors from Modasa, who have been booked under charges of culpable homicide not amounting to murder by the Modasa Town police, were granted anticipatory bail by the Modasa Fast Track Court on Thursday. The two were booked in connection with the recent outbreak of the Hepatitis B Virus (HBV) in Modasa region, which has claimed more than 55 lives.

The Health Department has said the outbreak is a result of the use of recycled needles, syringes and injections by doctors.

The two doctors have been identified as Govind Patel and his son Chintan Patel. The police said, 13 people were affected by the Hepatitis B virus from the clinic of the father-son duo.

Advocate Vijay Sharma represented the duo before the court of Sessions Judge D D Rajput, along with senior advocate of Gujarat High Court, Sudhir Nanavati.

Sharma said: “Our clients were booked under charges of culpable homicide not amounting to murder (Section 304 of IPC) which is an intentional and non-bailable offence. So, we contended that the alleged offence of the doctors do not fall within the ambit of section 304. At most, their alleged negligent act would fall under Section 304-A of IPC (causing death by negligence) which is a bailable offence.”

The defence also stated that the two doctors, being responsible and professional persons, are not going to abscond in the case.

The court granted bail to the two on a bond of Rs 10,000 each. They have also been asked to surrender before the police by Friday.

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