Bombay HC rejects medical bail for Rakesh Wadhawan, orders jail aid deployment

Bombay HC rejects medical bail for Rakesh Wadhawan, orders jail aid deployment

The promoter of Housing Development and Infrastructure Ltd (HDIL), 70-year-old Rakesh Wadhawan, has been denied bail for medical reasons by the Bombay High Court.

Nonetheless, the court has instructed JJ Medical Hospital to ensure that, by October 30, they assign a maid nurse and a physiotherapist at specified times to provide medical treatment to Rakesh Wadhawan at Arthur Road Jail.

Rakesh Wadhawan, a prominent figure implicated in the Punjab and Maharashtra Cooperative (PMC) Bank case, has been in custody since 2019. He was initially held at the Mumbai Central prison, commonly referred to as Arthur Road jail, but was subsequently moved to the state-run JJ Hospital in accordance with prior orders from the High Court, as confirmed by his attorney, Hrishikesh Chitaley.

On October 26, in a ruling by Justice Bharati Dangre, the single judge bench directed JJ Hospital to make arrangements for additional staff and necessary facilities, such as a bed for treating his bed sores, by October 30. After these arrangements are completed, Rakesh Wadhawan will be discharged from the hospital and transferred to the prison hospital.

In compliance with the directives from the High Court, the JJ Group of Hospitals conducted various tests on Rakesh Wadhawan and submitted a report to the court. The report recommended the continuation of medication and monitoring, as well as advised physiotherapy. However, it did not suggest the need for any urgent medical measures to treat him.

Justice Dangre stated that Rakesh Wadhawan's request for medical bail should not be granted at this stage, unless it can be demonstrated that he needs to undergo a specific medical procedure. The judge emphasized that, as of now, medication is the primary solution being offered, unless there is a specific medical condition that may necessitate hospitalization in the future.

Dr. Aman Pandey, the Chief Medical Officer from Mumbai Central Prison, who was present in court, conveyed his helplessness regarding the absence of certain facilities. He mentioned that the jail hospital has two MBBS doctors with the assistance of one BAMS doctor, but there is a lack of supporting nursing staff. Inmates have been recruited to assist with medical care in the absence of adequate nursing staff. He also reported that the jail hospital currently has approximately 80 inmates admitted for medical care.

In response to the situation, the High Court directed that Wadhawan's family is permitted to provide him with the necessary medications. Additionally, the court instructed the Dean of JJ Hospital to ensure that a physiotherapist is assigned to Wadhawan's therapy, possibly on a daily basis as needed. Furthermore, the Dean was directed to depute a nurse who would be responsible for tending to Wadhawan's nursing requirements, maintaining hygiene, and addressing his other medical needs, while also keeping a record of his medical parameters.

Rakesh Wadhawan, along with his son, is facing alleged money laundering charges in connection with the PMC Bank collapse case. He had filed a request with the High Court seeking bail, including temporary medical bail and bail based on the merits of the case.

The High Court has directed that the matter be listed for compliance on November 8, and Rakesh Wadhawan's bail plea, based on the merits of the case, is scheduled to be heard on November 6.

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