Ailing Senior Citizen Granted Medical Bail By Mumbai Court Two Days After His Demise

A Sessions Court in Mumbai granted medical bail to a 62-year-old man two days after his demise in the state-run Sir JJ Group of Hospitals.

Additional Sessions Judge Vishal Gaike granted medical bail to Suresh Dattaram Pawar for six months on May 11, 2023, while he passed away on May 9, 2023. The bail was granted on humanitarian grounds.

Pawar was arrested in a cheating case in 2021. In the medical bail application filed on May 3, 2023 he claimed he was highly diabetic and was suffering from lung and kidney ailments. The application also alleged that it was due to lack of medical attention at the JJ Hospital as well as the prison that his leg had to be amputated on April 30, 2023.

Pawar alleged that after his amputation he was transferred directly to the General Ward of JJ Hospital instead of being kept under observation in the ICU. “Due to such careless handling, the health condition of the Applicant have been further deteriorated and his internal organs [lungs] also got infected, thereafter he was shifted into CCU ward of JJ hospital,” his bail plea said.

Since Pawar could not afford to pay for escorts, he sought medical bail instead of a transfer from JJ hospital to a private hospital.

The bail plea came up for hearing on May 4, 2023. Since all parties were already present, the court directed the prosecution to file the medical papers and posted the matter for May 6.

On May 6, the prosecution sought an adjournment on the ground that the investigating officer was on sick leave and the applicant was taking treatment at JJ Hospital. It was only on May 8 that the parties were finally heard.

Pawar’s lawyer Karim Pathan argued that his client’s condition was extremely critical as was reflected in his medical file. His is chances of survival in prison environment were minimal, he submitted. However, the same day the complainant engaged an advocate and undertook to file an intervention application the next day – May 9, 2023.

APP Prabhakar Tarange opposed the application and argued that since the temporary bail application was silent on the further proposed line of treatment at the private hospital, Pawar shouldn’t be granted bail.

The complainant also opposed relief to Pawar and the matter was reserved for orders. However, as the court was engaged in other matters on May 10, the order was finally passed on May 11, by which time Pawar succumbed to his ill health.

Pawar was arrested in 2021 for cheating and forgery under sections 409, 420, 467, 468, 471, 120B, 34 of IPC. A teacher had accused him and his wife of duping her under the guise of being property agents. She later found the couple had duped 16 people to the tune of Rs. 2.4 crore.

Moreover, he withdrew his bail application from the Bombay High Court on April 23 as the court was disinclined to grant him bail. During those proceedings prison officials were directed to grant him proper treatment.

But he was forced to approach the Sessions court soon after as his condition deteriorated.

In its order the court noted that in February 2023, Pawar had sustained an injury to his toe and was admitted to the JJ Hospital and was later discharged. Thereafter, he developed gangrene and his toe had to be amputated.

His condition deteriorated and he had to be admitted to JJ Hospital again. But, according to Pawar, due to improper medical treatment, his wound became septic again and his leg below the knee had to be amputated on April 30.

In its order, the court observed, “It appears from the medical papers that the applicant is severe diabetic and his right leg below the knee had to be amputated due to septic. He is also suffering from lung infection. Therefore, considering his age, severe medical complications and the further need of medical care, his prayer for temporary bail can be considered on purely humanitarian grounds.”

Suresh Dattaram Pawar vs The State of Maharashtra [Criminal Bail Application No.1062 Of 2023]

Click Here To Read/Download Order