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TMI Blog2016 (6) TMI 1148X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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, ACB, Mumbai, the Director of Enforcement Directorate (E.D.) to conduct inquiry with reference to the allegations made against the applicant, who happened to be Minister in the earlier Government of Maharashtra and against his relatives. Accordingly, investigation was initiated against the applicant and others for the offence under the provisions of PMLA, 2002. From the FIR registered by ACB, Mumbai, and EOW, Navi Mumbai, it reveals that loss to the extent of Rs. 870 Crore has been caused to the State Exchequer, alleging that applicant had accepted cash in lieu of awarding projects to the contractors of his choice and then chanelled said illegal cash into various companies controlled by him and his relatives and invested it into those business activities and group of companies. On completion of investigation with respect to construction of New Maharashtra Sadan at New Delhi / RTO Project in Mumbai and Hexworld Project at Navi Mumbai, PMLA Complaint No.2 of 2016 has been filed before the Special Court on 30th Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 suffering from various diseases even prior to his arrest in the present crime and referring to the ailments from which the applicant is alleged to be suffering, attention is invited to paragraph 1 of the application wherein it is contended that applicant since 1980 is suffering from Bronchial Asthma for which he is being periodically seen by Chest Physician Doctor Sujit Rajanat of Bombay Hospital. The applicant was under treatment since he was suffering from Hypertension since 1990 and is also diabetic. He is also suffering from sleep apnea since 2000 and is required to use CP / AP machine every night while sleeping. In the year 2004 the applicant has undergone Coronary Angioplasty and in the year 1985 had undergone surgery for hyperplasia of prostate gland and other urinary problems and is also a patient of bilateral osteoarthritis for which he has undergone surgery of left shoulder replacement, and is also under treatment as well as suffers from tear in retina which would trigger due to applicant having diabetes. 5 In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 said plea for temporary bail on medical grounds was rejected. Learned counsel has then raised serious doubts on the tests reports itself thereby contending that the medical report is prepared and signed by all Medical Officers who were members of the team of Doctors, who examined the applicant on 24th May 2016 and signed the report on 24th May 2016 itself, though according to him, as per information obtained by the applicant under Right to Information Act, the applicant was taken out of prison on 24th May 2016 at 9.50 a.m. and was produced at J.J.hospital at 10.15 a.m. and has contended that he was taken back from the hospital at 4.45 p.m and therefore it was not possible for all the Medical Officers to study the various tests reports of the applicant and to prepare the report on the same day. 8 Another ground which is seriously canvassed challenging this report is with reference to the M.R.D. number stated therein as 2035571 in respect of present applicant and has contended that this being the reference number of the patient ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grounds for a longer period but having considering the physical condition and the ailments suffered by him since sufficient long period of which he has recently developed chest pain, for which he was, on his request, medically examined on 18th April 2016 and subsequently on 24th May 2016, is claiming for bail and in the alternative bail on medical ground for a temporary period of three months. In support of said contention, applicant has tendered on record affidavit of his daughter. 13 Learned counsel in support of his submissions has relied upon the authority in the case of Surjit Singh vs. State of Punjab & Ors. AIR 1996 SC 1388 and of our High Court in Bail Application No.535 of 2013, decided on 25th April 2013, in the case of Kashinath Mangtoolal Tapuriah vs. Union of India & Anr. 14 On hearing learned counsel for applicant, on 14th June 2016, Learned Special Public Prosecutor had sought time to seek instructions from the investigating agency as well as other authorities concerned with reference to various points orally raised by learned counsel for the applicant. Accordingly, matter was adjourned for a day as even otherwise court time was over. 15 Today, learned special pub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1947. With reference to this aspect, learned APP has stated that the information of patient is entered at the time of their registration for MLC cases on the basis of information supplied by patient to the hospital authorities for the purpose of giving treatment to patient. The HMIS system does not certify the date of birth as only age is taken as input and system calculates backwards for date of birth. It is also contended that patients do not carry the age proof document while visiting the hospital for treatment. Hence, in the given case when RMO gave the age of patient as 69 years the system calculated the date of birth and recorded the same in database as 24th May 1947, instead of actual date of birth of applicant. The above system appears to have been evolved in the government hospital keeping in mind that patient coming from rural areas are illiterate, when their date of birth is asked, most of them do not know it and give it by approximation. Even otherwise the purpose of capturing age is only for the purpose of giving treatment to patients and the date of birth appearing on medical reports does not authenticate such date is date of birth under any circumstances. In that vie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In that view of the matter, above raised objection also does not stand for any reason. 21 On the aspect of date and time mentioned in the investigation flowsheet report footer as of 08/08/2008 04.51 AM, it is contended that by producing such false reports, prosecution has annexed documents of some healthy patient to establish that the physical condition of applicant is normal and thereby deprived applicant from obtaining proper medical care. On this aspect it is brought to the notice by the learned Special Public Prosecutor that the time and date mentioned on the footer of the investigation flowsheet has no relation with the actual report as this date and time only represent when the printout of the report was obtained from the system. Above explanation, however, does not find to be satisfactory as it is not the case of prosecution that the printout in the instant case was obtained in the year 2008. However, from further explanation of prosecution, it is contended that so far as said contents on the investigation flow sheet are concerned, the system used to print this report was in Clinical pathology lab, 7B, OPD Building with Serial Number INA 8490046, model HP Compaq DX 7400 S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n behalf of applicant as above and on the medical report, since medical report along with all the tests reports enclosed therewith are found to be truthful, they are thus duly considered to conclude if applicant is suffering from any serious ailments which needs to be immediately looked into and taken care by allowing the applicant to be released on bail to obtain medical treatment from the doctor and hospital of his choice. 25 On bare perusal of the medical report, it is seen that in view of directions issued by this court, team of nine medical officers being experts from various medical faculties like medicine, general surgery, cardiology, opthalmology, urology, pulmonary medicine, orthopedic, neurology and dentistry was formed under the chairmanship of Head of the department for Medicine. All these experts have considered test reports and had tallied them with other relevant investigation papers and has collectively diagnosed that applicant is a known case of Hypertension with Controlled Diabetes Mellitus with Bronchial Asthma with Obstructive Sleep Apnea with Root Canal treatment for 46, 47 with Periapical Osteltis 46. On duly considering the documents it was lastly concluded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts as seen, and having considered that the applicant in the case was referred to J.J.Hospital for treatment on many occasions, but he could not get long term relief, but since had also lost his control over passing urine and stool for which surgical intervention was necessary and since was also losing his balance and sometimes total blackout, was allowed to obtain treatment in a multi specialty hospital by releasing on bail for a limited period. 28 In that view of the matter, neither of those case laws can be used in favour of applicant, having distinguishing facts, as in the case in hand, there is nothing on record to establish that applicant is suffering from such serious ailment which necessitates him to immediately obtain treatment in multi specialty hospital, from specific doctor. 29 Learned Special Public Prosecutor has relied on the decision in the case of State vs. Jaspal Singh Gill 1984 AIR 1503 cited supra and had submitted that the relief sought by applicant also needs to be considered with reference to the gravity of offence he is involved in. In that case, the Hon'ble Apex court observed that applicant therein having been involved for the offences punishable unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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