TMI Blog1995 (4) TMI 146X X X X Extracts X X X X X X X X Extracts X X X X ..... ome Tax Department and also by the Officers of the Enforcement Directorate, Calcutta, on 4th May, 1993 and the accused was interrogated with reference to the documents seized during the said search. On the statements made by him on 4th and 5th May, 1993, he (accused) was arrested on 5th May, 1993 under Section 35 of the Foreign Exchange Regulation Act, 1973 and was produced before the Chief Metropolitan Magistrate at Calcutta, who had remanded him to jail custody till 19th May, 1993. A bail petition was moved before this court on his behalf on 7th May, 1993, which was rejected by this court. But in view of the allegations of torture inflicted on him and injury allegedly sustained by him, while in custody, he was directed by the court to be kept in the jail custody under medical supervision by the order dated 7th May, 1993 in terms thereof. 3. On 10th May, 1993 another Bail Application was moved before this Court on behalf of the accused on the ground that he was suffering from Myo Cardiac Infraction with acute chest pain for which he had to be removed to the S.S.K.M. Hospital, Calcutta. And, upon consideration of the serious condition of his health, as made out by him, this court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used) wanted to be medically treated by his own Doctor and to avail of all modern medical facilities, which were not available in the S.S.K.M. Hospital. He had thus prayed for bail to enable him to be treated by his own Doctor/Doctors, as stated in paragraph 15 thereof."Considering the serious condition of his health" (in view of the aforesaid avertments made in his said fresh application filed on 10th May, 1993) more so, in view of the submissions made on his behalf before the court that he intends to have the attendance of Doctors/Specialists of his choice, including Cardiologist, who are not available in the Government Hospitals, this court had directed him to be released on bail by the aforesaid order dated 10th May, 1993 in terms thereof. 6. As already noted above, the Bail petition, previously filed on behalf of the accused before this court, was rejected on 7th May, 1993. But in view of the injury allegedly caused to him due to alleged assault/torture on him while in custody, the court by the aforesaid order dated 7th May, 1993 had directed him to be kept in jail custody under medical supervision. It was further directed therein that if his condition required any specialis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not. 8. It would oddly appear from the materials on record that the accused was arrested and produced before the local Chief Metropolitan Magistrate on 5th May, 1993 in connection with the relevant matter. A Bail Petition had been filed on his behalf before the said Magistrate on the same day (5th May, 1993) , copy of which had been annexed to his aforesaid fresh application as Annexure `B thereto. The only ground made out in the said Bail application filed on his behalf before the said Magistrate on 5th May, 1993 is that he was brutally assaulted by an officer of the Enforcement Directorate, while in custody, causing serious hurt to him, and inflicting injuries on his person for which he required immediate medical assistance as he had to suffer inhuman torture from 9 p.m. of 4th May, 1993 till 12 noon of 5th May, 1993. There is not the merest and faintest whisper in his said application for bail filed before the Chief Metropolitan Magistrate on 5th May, 1993 that he was suffering from acute Myo Cardiac Infraction. The conclusion which would at once readily seem to suggest itself is that he did not suffer from any such ailment till at least 5th May, 1993, when the aforesaid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wn risk bond. He presumably had obtained his discharge from the hospital on the very next day (on 10th May, 1993) on his own risk bond as he had already obtained an order of bail from this court on that day, and the purpose of causing him to be removed to the hospital the complaint of chest pain had been served, and there was no more necessity for him to remain hospitalized thereafter. Chest pain or, for that matter, any sort of bodily pain, cannot be treated clinically, mechanically or otherwise, and has to be considered only on the complaint of a patient. Even if the complaint of chest pain is false or frivolous, there is nothing to detect it. The aforesaid conclusion would all the more be confirmed by the facts that there is no material whatsoever on record to indicate that the accused had required or received the treatment for such severe ailment, as alleged by him, since his release on bail in terms of the aforesaid order of this Court dated 10th May, 1993, during all this period of about two years, even though it was submitted on his behalf before the Court during the hearing on 10th May, 1993 that he intended to have attendance of Doctors/Specialists of his choice, includin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, 1993 in the relevant matter at this stage. Even so, we would feel inclined to cancel the bail granted to him by the aforesaid order dated 10th May, 1993 since he had obtained the said order on false/frivolous plea as to the illness alleged, by practising fraud upon the court, for the reasons amply and appallingly made clear above, so that it may serve as a lesson for all concerned, and also for upholding and maintaining the dignity of the court and sanctity of the orders passed by it. 13. In the above premises, we allow the petitioner s instant application. The bail granted to opposite party No. 1 accused Pawan Kumar Didwania by the order of this court dated 10th May, 1993 be hereby cancelled. The opposite party No. 1 accused is hereby directed to surrender before the learned Chief Metropolitan Magistrate, Calcutta within seven days from this date. On his failure to do so, the Chief Metropolitan Magistrate, Calcutta, shall issue appropriate processes for securing his arrest and production before him for being detained in custody in connection with the relevant matter. 14. Let a copy of this order be forthwith sent down to the said Magistrate for his information and strict co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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