Bombay HC allows Rakesh Wadhawan, accused in multi-crore bank fraud case, to undergo bypass surgery in private hospital

The Bombay High Court on Wednesday cleared HDIL promoter Rakesh Wadhawan, accused of money laundering in the Punjab and Maharashtra Co-operative (PMC) Bank Ltd fraud case, to undergo bypass surgery at Kokilaben Ambani Hospital .

The court, however, said Wadhawan would have to bear the expenses during his six-week hospital stay.

The court, while hearing the bail application, ruled that he would be taken to the private hospital by undercover escorts, the number of which would be determined by the state government.

The cost of the escorts would also be borne by Wadhawan and he would have to deposit the money for the first week and pay the rest later as he was informed of the amount.

At the end of the six-week period, Wadhawan will be returned to KEM Hospital run by BMC and the state government will then make a decision on when he will be returned to the prison.

A single-judge bench of Judge Sarang V Kotwal delivered judgment on Wednesday during Wadhawan’s bail plea hearing on health grounds. Lawyer Niranjan Mundargi argued that his client suffered from serious illnesses requiring urgent treatment and surgery. The High Court then requested Wadhawan’s medical report. Mundargi, while referring to a medical report dated January 31, said “Wadhawan has multiple co-morbidities including type 2 diabetes, hypertension, chronic kidney disease and has been infected with the novel coronavirus twice and is on intermittent BiPAP support for the same”.

The report added that Wadhawan also underwent dual-chamber permanent pacemaker implantation and coronary artery angiography (CAG) on October 8 last year.

He further informed, “Wadhwan developed a resistant urinary tract infection due to which he took antibiotics for a month. He complained of recurrent palpitations and throbbing in the chest. Therefore, a cardiologist advised serial monitoring and ECGs. He had coronary artery bypass grafting (CABG) scheduled. However, he refused it and therefore planned to be discharged on January 25, 2022. However, he gave consent for bypass surgery on the same day and was transferred to the Cardiovascular Thoracic Surgery Department for further management… Once he is fit for bypass, his operation will be scheduled. »

Additional Public Prosecutor Prajakta P Shinde, appearing on behalf of the State Corrections Authority, and Barrister Hiten S Venegaonkar, representing the Enforcement Branch, opposed the bail application. Shinde said that KEM Hospital has all the facilities and the renovation work of the hospital has also been completed. However, she added that the doctor was of the opinion that the applicant was a high-risk patient. “Therefore, there is no difference of opinion that the plaintiff is in need of proper medical treatment and care,” the bench noted.

“It is made clear that this order is not made on the merits of the case and is made in view of the high risk to which the plaintiff is exposed due to his state of health,” the High Court said in ruling on the requests.

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