Mumbai: The Bombay High Court on Friday prima facie observed that considering the medical condition of former state Home Minister Anil Deshmukh, priority should be given to his bail plea.
Mr Deshmukh, 74, has sought bail from the HC in the alleged corruption and misuse of official position case registered against him by the Central Bureau of Investigation (CBI). He approached the High Court after a special CBI court rejected his bail plea last month.
When the plea was heard on Friday, Deshmukh's counsel Vikram Chaudhari told a single bench of Justice MS Karnik that the former minister was being treated but he suffers from several ailments that requires constant treatment and care.
"He needs to be released. He is a chronic patient," Chaudhari said.
Additional Solicitor General Anil Singh, appearing for the CBI, opposed the same and said he is getting proper treatment in jail whenever required. "His present medical condition needs to be ascertained. Medical condition is not static...it keeps changing," Singh said.
Justice Karnik after hearing the matter briefly said the court would hear the bail plea on merits. "I am satisfied that we can proceed with the hearing on merits and give it priority. This is my prima facie opinion that priority should be given. One of the medical ailment (that Deshmukh is suffering from) is degenerative," Justice Karnik said.
The court said it would hear the plea on December 6.
The hearing of bail on merits can be given priority
He has sought bail both on medical grounds as well as on merits.
Justice MS Karnik came to the prima facie opinion that priority can be given to the bail plea as the co-ordinate bench had also considered Deshmukh’s medical condition.
“Once the High Court has confirmed on the medical grounds, the hearing of bail on merits can be given priority. I only wanted to hear on medical grounds before so that I can ascertain if priority should be given or not,” said Justice Karnik, adding, “And prima facie I am satisfied that we can proceed on hearing of merits. The fact that his condition is degenerative which the High Court has considered as one of the grounds.”
Deshmukh's counsel Vikram Chaudhari said that the NCP leader was being treated but he suffers from several ailments that require constant treatment and care. “He needs to be released. He is a chronic patient,” he said.
Additional Solicitor General opposed the bail
Additional Solicitor General Anil Singh, appearing for the CBI, opposed the same and said he is getting proper treatment in jail whenever required. “His present medical condition needs to be ascertained. The medical condition is not static...it keeps changing,” added Mr Singh.
Deshmukh was arrested last November by the Enforcement Directorate in a money laundering case. In April this year, the CBI arrested him in a corruption case. He is presently in judicial custody and lodged at the Arthur Road Jain in Mumbai.
On October 4, he was granted bail by the HC in the money laundering case.
