High Court permitted sick bail applicant to undergo surgery at a private hospital under police escorts for six weeks instead of granting medical bail. Application disposed.
Permitted to take treatment and undergo surgery at a private hospital under police escorts for six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.4099 OF 2021
Rakesh Kumar Wadhawan….Applicant
Versus
The Directorate of Enforcement
and another …. Respondents
WITH
INTERIM APPLICATION NO.72 OF 2022
IN
CRIMINAL BAIL APPLICATION NO.4099 OF 2021
Punjab and Maharashtra Co-operative
Bank Ltd. (PMC Bank) ….Applicant
IN THE MATTER BETWEEN:
Rakesh Kumar Wadhawan….Applicant
Versus
The Directorate of Enforcement
and another …. Respondents
WITH
CRIMINAL BAIL APPLICATION NO.4102 OF 2021
Rakesh Kumar Wadhawan….Applicant
Versus
The State of Maharashtra
and another ….Respondents
WITH
INTERIM APPLICATION NO.73 OF 2022
IN
CRIMINAL BAIL APPLICATION NO.4102 OF 2021
Punjab and Maharashtra Co-operative
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Mr. Niranjan Mundargi, Advocate a/w. Sagar Shetty, Vishal
Hegde, Asmit Agarwal, Akshay Naik i/b. Sagar Shetty, for the
Applicant in both BAs.
Mr. H.S. Venegaokar, Advocate for the Respondent – ED.
Smt. P.P. Shinde, APP for the Respondent-State.
CORAM:SARANG V. KOTWAL, J.
DATE : 2nd FEBRUARY, 2022 [Through Video Conferencing]
P.C. :
1.A common order is passed today in both these
applications because it is in reference to the applicant’s ill-
health, which is the main ground in both these applications.
2.Looking at the extreme urgency in the matter, the
applications were mentioned by learned counsel for the
applicant for taking up these applications for hearing in the
course of the day because they were not likely to reach.
Accordingly, he was asked to give notice to the contesting
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respondents. Both, learned APP Smt. Shinde and Shri
Venegaokar, appeared in this matter and, therefore, I have
decided this matter.
3.Heard Shri Niranjan Mundargi, learned counsel
for the applicant, Shri H.S. Venegaokar, learned counsel for
the respondent-Enforcement Directorate and Smt. P.P. Shinde,
learned APP for the State.
4. In Criminal Bail Application No.4099/2021, the following main prayers are made :
“ A. The Applicant be permitted to be admitted under the supervision of Dr. Prashant Nair at Kokilaben Ambani Hospital Mumbai on interim medical bail for adequate medical care and postoperative recovery, at Petitioner’s cost and expense, in P.M.L.A. Special Case No.8 of 2019 arising out of ECIR/MBZO-I/9 of 2019 pending before the Sessions (P.M.L.A. Special Court) Court, Mumbai upon such terms and conditions as this Court may deem fit;3 of 9
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of the Hon’ble Sessions (P.M.L.A. Special Court) Court, Mumbai, upon such terms and conditions as this Hon’ble Court may deem fit and proper.”
5. In Criminal Bail Application No.4102/2021, the following main prayers are made :
“ A. The Applicant be permitted to be admitted under the supervision of Dr. Prashant Nair at Kokilaben Ambani Hospital Mumbai on interim medical bail for adequate medical care and postoperative recovery, at Petitioner’s cost and expenses, in CC. No.882/PW/2019 arising out of EOW, Mumbai, C.R. No.86/2019 pending before the Ld. Addl. Chief Metropolitan Magistrate, 47th Court, Esplanade, Mumbai upon such terms and conditions as this Court may deem fit;4 of 9
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6.It is case of the applicant that he is suffering from
serious ailments, which need urgent treatment and surgery.
For that purpose, the medical report of the applicant was
called for. At present he is admitted in I.C.U. in KEM Hospital,
Mumbai. The report dated 31.1.2022 is tendered before the
Court. The report reads thus:
“ Medical Report of Mr. Rakeshkumar Wadhwan Inpatient No. 21/3807 Current Clinical Status
Mr. Rakeshkumar Wadhwan has multiple comorbidities like Type 2 Diabetes Mellitus, Hypertension (Fluctuating Blood Pressure) and Chronic Kidney Disease due to Recurrent Kidney Infection (Pyelonephiritis). Previously he had suffered severe form of Covid 19 infection twice in the past. He is currently suffering from Long Covid Disease and is on intermittent BiPAP support for the same.
Mr. Rakeshkumar Wadhwan underwent Dual Chamber Permanent Pacemaker implantation on 08th October 2021 and Coronary Artery Angiography (CAG) on the same day. It revealed significant Proximal Left Anterior Descending Artery (LAD) Critical Calcific Stenosis. He was planned for Coronary Artery Bypass Graft (CABG).
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Mr. Rakeshkumar Wadhwan developed Resistant Urinary tract infection due to which he was started on Antibiotics for one month. He had complaints of Recurrent Palpitation and Chest Thumping Hence Cardiologist had advised for monitoring and serial ECGs. He was planned for Coronary Artery Bypass Graft (CABG); however he refused it and hence planned for discharge on 25th January 2022. However, he gave consent for CABG on 25th January 2022 and hence was transferred to Cardiovascular Thoracic Surgery Department (CVTS) for further management.
On routine investigations done for his preoperative workup, his urine routine showed 8-10 pus cells and hence the urologist has asked for urine culture and sensitivity, Cardiac anesthetist has asked for ENT reference in view of his history of obstructive sleep apnea. His workup for the surgery is being done. Once he is fit for bypass his surgery will be planned.”
Thus, it is an admitted position that the applicant is suffering
from serious ailments and needs urgent surgery.
7.Learned APP appearing for the State of
Maharashtra submitted that KEM Hospital has all the
facilities and the renovation work in the hospital is also over.
However, she admits that the Doctor has opined that the
applicant is a high risk patient.
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8.Therefore, there is no difference of opinion that
the applicant requires proper medical treatment and care.
9.Shri Mundargi, learned counsel for the applicant
submitted that the applicant was being treated over the years
by his private doctor Dr. Prashant Nair attached to Kokilaben
Ambani Hospital, Mumbai and the applicant would feel safe if
the surgery is performed under his supervision and under his
consultation.
10.Shri Venegaokar, learned counsel appearing for
the Enforcement Directorate as well as Smt Shinde, learned
APP for the State, however, strongly opposed the prayer for
grant of temporary bail. When the Court made a specific
query about permitting the applicant to take treatment in
private hospital under escorts without being released on bail;
they submitted that instead of granting him bail, the applicant
can be permitted to take treatment in a private hospital under
escorts, if the charges are paid by him.
11. Shri Mundargi readily agreed to take treatment
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under escorts. He submitted that the applicant is willing to
provide for the charges of the escorts. He submitted that the
applicant will also bear the charges for medical treatment. His
only apprehension is that the escorts should not be too many
in numbers considering the applicant’s age and health
condition.
12.Since rival parties agreed that the applicant can be
given treatment in a private hospital under escorts, there is no
impediment in passing that order. Since learned counsel for
the applicant has not pressed for bail on medical grounds,
that prayer is not considered. In this situation, following order
is passed :
:: O R D E R ::
i. The applicant is permitted to take treatment, including undergoing surgery in a private hospital of his choice in Mumbai, for a period of six weeks from today.ii. The applicant will be taken to such hospital only under escorts. The number of escorts required to be provided shall be decided by the State of Maharashtra. The escort charges will be paid by the applicant within a8 of 9
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reasonable time. Initially, the applicant shall deposit the
charges of escorts for the first week and afterwards as
and when the charges are communicated to him.
iii. The escorts shall be in plain clothes in the hospital premises.iv.At the end of six weeks’ period, the applicant shall be
shifted back to KEM Hospital; and then the State of
Maharashtra shall take a decision – as to when the
applicant shall be shifted to jail.
v. It is made clear that this order is not passed on merits of the matter and is passed looking at the high risk, which the applicant is under, because of his medical conditions.vi. Bail Applications are disposed of accordingly. With disposal of the bail applications, Intervention Applications also stand disposed of.PRADIPKUMAR PRAKASHRAO DESHMANE
Digitally signed by PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2022.02.02 18:58:13 +0530
vii. All concerned to act upon an authenticated copy of this order.(SARANG V. KOTWAL, J.)
Deshmane (PS)
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Rakesh Kumar Wadhawan
Punjab and Maharashtra Co-operative Bank Ltd. (PMC Bank)
The Directorate of Enforcement
The State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court