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

The court, however, stated that Wadhawan would have to bear the expenses during his six weeks’ stay at the hospital.

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

The charges 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 and when he is communicated to about the amount.

At the end of the six-week period, Wadhawan will be shifted back to the BMC-run KEM Hospital and the state government shall then take a decision as to when he shall be moved back to the jail.

A single-judge bench of Justice Sarang V Kotwal on Wednesday made the judgment while hearing Wadhawan’s bail plea on health grounds. Advocate Niranjan Mundargi argued that his client was suffering from serious ailments that required urgent treatment and surgery. The High Court then sought Wadhawan’s medical report. Mundargi, while referring to a medical report dated January 31, said that “Wadhawan has multiple comorbidities including type 2 diabetes, hypertension, chronic kidney disease and had been infected with the novel coronavirus twice and is on intermittent BiPAP support for the same”.

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

It further informed: “Wadhwan developed a resistant urinary tract infection due to which he was on antibiotics for one month. He had complaints of recurrent palpitation and chest thumping. Hence, a cardiologist had advised monitoring and serial ECGs. He had a Coronary Artery Bypass Graft (CABG) scheduled. However, he refused it and hence planned for discharge on January 25, 2022. However, he gave consent for CABG on the same day and was transferred to the cardiovascular thoracic surgery department for further management….Once he is fit for bypass, his surgery will be planned.”

Additional Public Prosecutor Prajakta P Shinde, appearing on behalf of the state prison authority, and Advocate Hiten S Venegaonkar, appearing for the Enforcement Directorate, opposed the bail plea. Shinde submitted that KEM Hospital has all facilities and renovation work in the hospital is also over. However, she added that the doctor has opined that the applicant is a high-risk patient. “Therefore, there is no difference of opinion that the applicant requires proper medical treatment and care,” the bench noted.

“It is made clear that this order is not passed on merits of the matter and is passed looking at the high risk, which the applicant is under, because of his medical conditions,” the High Court said while disposing of the petitions.