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TMI Blog2024 (5) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... (9) TMI 570 - SUPREME COURT ] while granting bail to the appellant Jainam. The appellant was released in light of the fact that in the absence of a fair likelihood of the trial being completed within a reasonable period, personal liberty of the appellant is to be protected in case of delay in conclusion of the trial. The applicant was to be examined by a Panel of Doctors of J.J. Hospital, Mumbai comprising of Dean, General Physician, Medical Oncologist, Urologist and Gastrointestinal Oncosurgeon. The applicant was directed to appear before the Panel and report of the said Panel on the health condition of the applicant was called for. Thereafter, from time to time, various orders came to be passed by the Co-ordinate Benches. As such, the application for bail bearing No.2487 of 2022 was not finally disposed of. Having taken into consideration the entire history of the applicant as well as various decisions of the supreme Court and this Court, interim bail granted to the applicant by this Court stands confirmed - bail application allowed. - PRITHVIRAJ K. CHAVAN, J. Dr. Sujay Kantawala a/w Sajal Yadav, S.K. Saxena, Anukul Seth, Aayushya Geruja, Raj Raut, Harsh Ghangurde, for the Appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2019. There are 30 accused arraigned by the respondent No.1 of which the applicant is accused No.7. Admittedly, this Court by an order dated 7th March, 2024, granted bail to accused No.3. 8. Mr. Kantawala, learned Counsel for the applicant is at pains to take me through a long history of various ailments and the treatment being administered to the applicant. The applicant was suffering from severe bleeding through anus due to piles since several months. The said condition had aggravated. He had lost considerable weight in two months and his gastro health was highly inflamed. On 10th May, 2022, he was referred to St. George Hospital for fresh examination in view of his deteriorating health in Taloja Central Jail. At the time of examination, a mass to be of cancerous origin (adenocarcinoma) was detected in colon of the applicant. He was allowed to take treatment in a private hospital. He was admitted in Nanavati Hopsital at Vile Parle wherein the sigmoidoscopy and biopsy report dated 6th June, 2022 confirmed the fact that the applicant had cancerous mass/lump in his body and Adenocarcinoma Colon. 9. Mr. Venegavkar, learned Special P.P, however, objected to confirm medical bail of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h/o weight loss, alteration of bowel habits, reduced appetite and extreme weakness, all of which were progressive over the prior 3-4 months period. He also had retention of urine for which a urinary catheter was placed. He had been investigated at outside hospitals and found to have a Hemoglobin of 7.5 gm%, Left iliac fossa mass and prostatomegaly on USG, Stool strongy positive for occult blood, CEA 27.2 and a CECT abdomen which showed a 10 x 7.2 x 6.1 mass arising from the bowel wall in the sigmoid colon. After admission to Nanavati Max Hospital, a sigmoidoscopy and biopsy was performed which proved the mas to be of cancerous origin, adenocarcinoma colon. A PET CT revealed a large cancerous growth in the sigmoid colon and pulmonary arterial thrombi. A surgery was performed for the removal of the lesion and a colostomy drain was placed. This histopathological exam of the surgical specimen confirmed the diagnosis of cancer. After the surgery, the patient remains very weak and fragile, needing continuous nursing care and help to perform all activities including sitting or standing. He needs a specialized stoma care nurse to take care of the colostomy site. He had been started on chem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... panies Act, 2013 laying down twin conditions in addition to the regular conditions under Code of Criminal Procedure, 1973 for grant of bail which, according to him, are not applicable in the present case as the said embargo excludes persons who are sick or infirm. The relevant portion of the provisions of the Companies Act, 2013 dealing with Bail for offences under the Companies Act, 2013 is reproduced below; 212 (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) 1 [offence covered under section 447] of this Act shall be cognizable and no person accused of any offence under those sections shall be released on bail or on his own bond unless- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail; Provided that a person, who, is under the age of sixteen years or is a woman or is sick or infirm, may be released on bail, if the Special Court so directs . 15. Mr. Kantawala w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted that the Taloja Central Prison hospital did not have any facility to deal with the health issues regularly being faced by the under trial. It was stated on affidavit before this court that there were no doctors at the Taloja Central Prison hospital and that there were only three ayurvedic practitioners to look after the inmates who were suffering from health issues. It was specifically stated that mandatory requirements under the Maharashtra Prison Hospital (Amendment) Rules 2015, framed under the Prisons Act, 1894, were not followed in the Taloja Central Prison hospital. It was specifically submitted that there were no staff nurses, no pharmacists, no compounders, no nursing assistance, no lab technicians and no medical specialists at all, to attend to the inmates at the Taloja Central Prison hospital. On this basis, it was submitted that if the undertrial was not granted bail on medical conditions and he was to be sent back to Taloja Central Prison hospital, the life of the undertrial would certainly be endangered. On this basis, it was reiterated that continued incarceration of the under trial was wholly incompatible with his health condition and that, therefore, the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tely, and preferably during the course of day . 15. As submitted by Mr. Mihir Desai, learned Senior Advocate appearing for the appellant during the course of arguments, the appellant will bear all the expenses for his treatment in the said hospital. Unfortunately, Father Stan Swamy met with a tragic end as he passed away while undergoing medical treatment in judicial custody. 19. The Hon ble Supreme Court in case of Jainam Rathod Vs. State of Haryana and another Criminal Appeal No.640 of 2022 has granted bail to the appellant who was being prosecuted for violation of the provisions of Section 447 of the Companies Act, 2013 as well as various provisions of the Indian Penal Code, 1860, including Sections 406, 417, 418, 420, 467, 468, 471, 474 and 477A. A Special Leave petition preferred by the appellant was dismissed by the Supreme Court on 27th January, 2020 with observations that it was always open for the appellant to move a fresh application for bail. It would be apposite to extract paragraphs 7 to 9 of the said order which read thus; 7. The appellant is in custody since 28 August 2019. 187 accused are named in the criminal case by the prosecution. It is stated in the counter aff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vidual who was facing prosecution under Section 447 of the Companies Act, 2013 and was in custody for eighteen months. It was observed that the applicant was 63 years old and was suffering from various health ailments which required constant medical attention. It was one of the considerations while granting bail. Relevant paragraph is quoted below for advantage; 14. The applicant is 63 years of age. It is thus seen that the applicant needs constant medical treatment. No doubt the same is available and provided to the applicant at Sir J. J. Hospital and in prison hospital. However, I have no hesitation in opining that the applicant needs constant medical attention considering his age and ailment. The age and medical condition of the applicant is one of the circumstance which I have taken into consideration for enlarging the applicant on bail . 22. In a recent decision of the Supreme Court in case of Satyendra Kumar Jain Vs. Directorate of Enforcement, 2023 Supreme Court Cases Online SC 686 Supreme Court granted bail to the accused on medical ground. It was observed that the citizen has a right to take treatment of his choice, at his own expenses, in a private hospital. 23. It is a m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I.P.C. (c) The applicant shall attend the Special Court scrupulously, unless exempted. (d) The applicant shall not leave the jurisdiction of the Special court till conclusion of the trial. (e) The applicant shall surrender his passport before the Special Court within a week from the date of passing of this order. (f) The applicant shall furnish his latest/ permanent address of residence as well as contact details, forthwith to the Investigating Officer and the Special Court. In case of change of residential address or cell number (contact details), the same shall be forthwith informed to the Investigating Officer as well as the Special Court. (g) The applicant shall not tamper with the evidence or attempt to influence or contact any of the witnesses or persons concerned with this case. (h) The applicant shall keep the Investigating Officer and the Special Court informed, in case of his admission in any Hospital with details as regards date of admission and discharge. (i) In case of breach of any of the aforesaid conditions, the prosecution shall be at liberty to seek cancellation of bail. 26. The application stands disposed of in the aforesaid terms. 27. In view of disposal of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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