Bombay High Court Denies Medical Bail To HDIL Promoter Rakesh Wadhawan, Directs JJ Hospital To Send Physiotherapist And Nurse To Prison Hospital

The Bombay High Court on Thursday refused to grant bail on medical grounds to Housing Development Infrastructure Ltd (HDIL) promoter Rakesh Wadhawan who is booked in the multi crore Punjab and Maharashtra Co-operative (PMC) Bank loan fraud case and lodged in Arthur Road Central Prison, Mumbai.

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 crores including interest.

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 tired. For his release on bail on medical ground, 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 deserve to be granted. Medication is the only solution which is offered as on date, unless in future for dealing with a particular issue he require some hospitalization”, the court held.

Wadhawan is booked for various offences including criminal breach of trust, cheating, forgery, and falsification of accounts under sections 406, 409, 420, 465, 467, 468, 471, 477A, 201, and 120B of the IPC.

He is currently admitted in state run Sir JJ Hospital, Mumbai, as per the court’s direction, in order to obtain opinion from various super specialty departments. A detailed report from the Hospital outlining Wadhawan's health condition was submitted before the court.

The report, compiled after assessments from various specialties, suggested continuous medication and management for multiple chronic illnesses including diabetes, hypertension, chronic kidney disease, heart disease, depressive disorder, and urinary tract infections.

Dr. Aman Pandey, the Chief Medical Officer of Mumbai Central Prison, shed light on the challenges faced in providing adequate medical care within the prison. He highlighted a lack of essential facilities such as nursing staff and physiotherapy.

The court said that though thus not a case in which Wadhawan must immediately be released on Medical Bail, the advice given in the report must be strictly followed, particularly regarding medications.

To ensure the proper care of Wadhawan within the prison premises, the court issued several instructions 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 were in accordance with the prescribed 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.

The court ordered the discharge of Wadhawan from JJ Hospital and his admission to the Prison Hospital once the necessary arrangements were made by October 30, 2023. The court directed the Chief Medical Officer to stay in touch with the concerned doctors from the JJ Group of hospitals for any emergent situation.

Regarding the Bail Application on merits, the court instructed the learned Additional Public Prosecutor to obtain necessary instructions and file a reply by November 6, 2023, with the hearing set for November 6, 2023.

Case no. – Bail Application No. 361 of 2023

Case Title – Rakesh Kumar Wadhawan v. State of Maharashtra