Bombay HC Denies Medical Bail To Rakesh Wadhawan
Mumbai: The Bombay High Court has refused to grant medical bail to Housing Development Infrastructure Ltd (HDIL) promoter Rakesh Wadhawan, an accused in a money laundering case related to the Punjab and Maharashtra Co-operative (PMC) Bank Ltd fraud case.
Rakesh Wadhawan and his son Sarang face allegations of fraudulently obtaining loans of Rs 2,558 crore from PMC Bank and failing to repay the due amount of Rs. 4,435 crore, including interest.
While denying medical bail, Justice Bharati Dangre observed that the recommendations from doctors did not indicate an urgent need for any specific medical procedure or surgery and that the prescribed course of treatment was primarily medication and management.
“The report, therefore, is not suggestive of any urgent measures required for treating the applicant, and it is evident that his age is also a relevant factor, which is causing him fatigue. For his release on bail on medical grounds, unless it is pointed out that he is required to undergo a particular process or procedure for curing any ailment, I do not think that the relief prayed for deserves to be granted. Medication is the only solution offered as of now, unless in the future, he requires hospitalization for a particular issue,” Justice Dangre noted.
At present, Wadhawan is admitted to the state-run Sir JJ Group of Hospitals pursuant to earlier HC directions. A detailed report highlighting Wadhawan’s health condition was submitted to the court.
The report suggested continuous medication and management for multiple chronic illnesses, including diabetes, hypertension, chronic kidney disease, heart disease, depressive disorder, and urinary tract infections.
The report by Dr. Aman Pandey, the Chief Medical Officer of Mumbai Central Prison, highlighted challenges faced in providing adequate medical care within the prison, including the lack of essential facilities such as nursing staff and physiotherapy.
The court said that the advice given in the report must be strictly followed, particularly regarding medications.
The bench has issued several directions, including arrangements for regular medication, physiotherapy, routine monitoring, intermittent ECGs, nursing care, and the management of bed sores. The court directed the Chief Medical Officer to allow Wadhawan’s family to bring in necessary medications for administration, provided they are in accordance with the necessary prescription.
The court directed the Dean of JJ Group of Hospitals to depute a physiotherapist and a male nurse to the central prison. It also requested the hospital to provide a suitable bed for managing Wadhawan’s bed sores.
Once the necessary arrangements are made, the court directed Wadhawan to be discharged from JJ Hospital and taken to the prison hospital by October 30, 2023. The HC has kept Wadhawan’s regular bail plea for hearing on November 6.
