TMI Blog2016 (6) TMI 1148X X X X Extracts X X X X X X X X Extracts X X X X ..... BAIL APPLICATION NO.1050 OF 2016 - - - Dated:- 16-6-2016 - P. N. DESHMUKH, J. Shri Amit Desai, Senior Advocate, a/w. Shri Y.C.Naidu, Shri Sajal Yadav, Shri Karan Vyas, Shri Sudarshan Khawase, Shri Gurdeep Sachar and Shri Ishant Srivastav i/b. Shri Shalabh K.K.Saxena, Advocate for the Applicant. Shri H.S.Venegaonkar, Special Public Prosecutor a/w. Smt.P.H.Kantharia, Addl.P.P. , Shri S.H.Yadav, APP for the Respondent JUDGEMENT 1 Applicant Chhagan Chandrakant Bhujbal who is a sitting Member of Legislative Assembly of State of Maharashtra having been involved in Complaint No.2 of 2016 arising out of ECIR No.MBZO/ECIR/07/2015 ECIR No.MBZO/ECIR/08/2015 registered by Directorate of Enforcement, Mumbai, for the offences under the Prevention of Money Laundering Act, 2002, (hereinafter PMLA 2002) has applied for grant of bail on medical grounds under Section 439 of Code of Criminal Procedure read with First proviso to Section 45(1) of PMLA 2002. Circumstances under which the complaint came to be filed can be briefly stated as under. This court vide its roder dated 18.12.2014 passed in PIL directed to constitute Special Inquiry Team, comprising of Director General, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cers. It was further directed that the Medical Board so constituted shall not be of less than three Expert Members in the field. The Medical Board was to be formed by the Dean of Sir J.J.Hospital to examine the applicant, with directions to Jail Authorities to produce the applicant before the Medical Board on 24th May 2016 by 11.00 a.m., and on completing relevant tests and clinical examinations was directed to be lodged in jail on the same day by 6.00 pm. The Medical Board was directed to produce those medical report in a sealed cover on 27th May 2016 when the matter was posted for further consideration before the Vacation court. Accordingly, Medical Report was produced before the court which was opened and its copies were made available to the learned counsel for the applicant and the learned special public prosecutor and on the application on behalf of the applicant, time was granted to go through the report and was posted for hearing. 4 Learned senior advocate Shri Amit Desai appearing for the applicant has submitted that this application need not be considered in a routine manner or as a routine application but it has specific dimensions as according to him the applicant is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... zyme as referred above, the team of doctors, who under the directions of this court had examined applicant, did not advised any treatment and sent him back to jail and since then there is no treatment provided to him for said elevated enzymes, though according to the opinion of Dr.Vinod Kaneria, given by him on his studying medical reports made available to him by the counsel of applicant, elevated cardiac injury enzymes and clinical notes of leftsided chest pain, radiating to the left shoulder and the neck might have developed an increase in severity of major coronary artery blockage and to confirm above, needs to undergo a cardiac angiography at the earliest followed by appropriate treatment in the form of an Angiography or a Bypass Surgery at Hinduja Hospital, Khar, where Dr.Vinod Kaneria is attached as a Senior Cardiologist. 7 Learned counsel for the applicant had contended that inspite of such specific opinion of an expert in cardiology attached to above hospital, it was necessary for the investigating agency to produce applicant on their own for further medical treatment which they failed to do and for that purpose they had approached to the learned Special Judge, however ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blood sample of patient collected on 25th May 2016. The report is prepared on the same day. However, there is nothing to establish that the sample collected and tested by this lab belongs to applicant, as said report is silent on this aspect, nor there is reference number, which is referred as M.R.D. number on medical documents, mentioned on the said report. 12 In the background of above submissions and raising doubts on the medical report as well as on the tests reports particularly the pathology, and ECG test reports, it is contended that respondents are not coming before this court with true facts with regard to physical condition of applicant, and has thus submitted that applicant, in view of opinion given by Dr.Vinod Kaneria of Hinduja hospital based on the medical papers forwarded to said doctor by the advocate of applicant to seek his opinion, is entitled for having his treatment from the doctor and hospital of his choice. It is further contended that applicant even otherwise is not claiming regular bail nor bail on medical grounds for a longer period but having considering the physical condition and the ailments suffered by him since sufficient long period of which he h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, and thus, that by itself can be no ground to hold that the health condition of applicant was so serious. 17 In this background when opinion obtained by learned counsel for applicant on the basis of medical reports provided to Dr.Vinod Kaneria of Hinduja hospital does not stand for any reason as from the letter addressed by said doctor to concerned advocate reveals that on the basis of report dated 18th April 2016 to 24th April 2016, finding that cardiac injury enzymes are elevated had opined that applicant has developed an increase in severity of major coronary artery blockage and thus certified that he needs to undergo a coronary angiography at the earliest. Said opinion however is silent with regard to observations in report of patient dated 20th April 2016 when the elevated cardiac injury enzymes are stated to be normal. 18 Similarly, much has been canvassed on behalf of applicant with reference to the date of birth of applicant which is stated to be 15th October 1947 while the date of birth appearing in investigation papers is 24th May 1947. With reference to this aspect, learned APP has stated that the information of patient is entered at the time of their registratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on the same day at 12.55 p.m. It is thus contended that according to the directions of this court applicant was produced before the Medical Board on 24th May 2016 and under the direction of the expert doctors, medical tests were to be carried out on that day itself, however there is no explanation as to why the samples collected on 24th May 2016 were forwarded for its analysis on 25th May 2016. On this aspect, it is the case of prosecution that blood report of Metropolis lab of HbA1C is dated 25th May 2016, while all other blood tests were done in J.J.Hospital on 24th May 2016 and the blood sample for HbA1C test was submitted in metropolis lab on 25th May 2016 as said blood test is not available in J.J.Hospital and patients random blood sugar on 24th May 2016 at J.J.Hospital was within normal limit (146 mg%). However to access patients sugar control during past three months Hb A1C was also evaluated. It is also contended that person from metropolis lab do not collect and process sample in evening hours hence blood sample was collected on 25th May 2016. In that view of the matter, above raised objection also does not stand for any reason. 21 On the aspect of date and time menti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e bar documents which establish that the process of preparing report had commenced on 24th May 2016 and was concluded on 25th May 2016, on which date copy of the same was provided to the Dean of Government hospital who acknowledged receipt of the same. The document tendered reveals acknowledgement of concerned Medical Officer along with date as 25th May 2016 below his signature. The learned counsel for the applicant has contended that this document is fabricated after the hearing was adjourned for a day, as on the original medical report placed on record, no such endorsement finds place. However, I am not impressed with the submission for the reason that after submitting copy of medical report to the Dean, this signature must have been obtained by hospital authorities in token of his receipt of the medical report, and thus there is no reason why acknowledgement is not seen on the original report placed before this court. In the background of above facts, there is no reason to doubt the medical report, on this ground. 24 On considering various doubts raised on behalf of applicant as above and on the medical report, since medical report along with all the tests reports enclosed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court of Punjab and Haryana partly allowed the case of the petitioner, thereby granting appellant expenses incurred by him for bypass and angiography on the rates prevalent in the All India Institute of Medical Sciences, New Delhi, and the Hon'ble Apex court on considering the case had observed that the applicant in that case could not have insisted to obtain the treatment free from hospital, and while allowing the appeal, further observed that appellant cannot be limited to obtain treatment from a particular hospital. 27 Another authority of our High Court relied by applicant is passed in Bail Application No.535 of 2013 dated 25th April 2013 cited supra. In that case applicant who was granted bail on medical grounds for sometime was aged 77 years and was suffering from several ailments. While granting relief, reliance was placed upon the opinion of Chief Medical Officer, Mumbai Central Prison who had stated that considering the nature of ailments of the applicant therein, he needs long term nursing care and multi specialty treatment. In the background of facts as seen, and having considered that the applicant in the case was referred to J.J.Hospital for treatment on many o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
