DHFL-Yes Bank Case: Court Says CBI Can’t Decide On Avinash Bhosale’s Hospital Time

DHFL-Yes Bank Case: Court Says CBI Can’t Decide On Avinash Bhosale’s Hospital Time

The court said, “Mere contention of the CBI for discharging the accused without suggesting any remedies in the event of his health damage likely to take place…would likely create an unusual situation.”

Charul Shah JoshiUpdated: Sunday, May 05, 2024, 12:18 AM IST
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The special court for the Prevention of Money Laundering Act (PMLA) has refused to accept the contention of the CBI to order hospital discharge of Pune-based businessman Avinash Bhosale whose health has been a matter of suspicion. The court has asked the superintendent and doctors to take ‘responsible’ decisions on further hospitalisation.

Bhosale was arrested on May 26, 2022 in connection with the DHFL-Yes bank loan case registered by the CBI. After he was remanded to judicial custody, it is alleged that his health deteriorated and he was hospitalised on October 15 the same year. As he remained in hospital for a long time, the court, suspecting foul play, immediately directed to discharge him. 

He was discharged again on January 28, 2023. Two months later, he was again taken to hospital on March 31 on grounds of suspected Covid-19 or viral influenza. He has been in hospital ever since.

Finding his prolonged hospitalisation suspicious, the CBI constituted a medical board by INHS Asvini. Special judge MG Deshpande noted that when the medical board examined Bhosale and submitted its report, the prosecuting agency (CBI) did not act on it. As per the report, Bhosale did not require any further hospitalisation.

The court said, “There are two reports with contradictory opinions. The superintendent emphasises hospitalisation, whereas the INHS Asvini medical board is of the opinion that it’s not necessary. Neither the CBI nor the accused, nor this court, are medical experts to take the decision of discharging the accused based on the report…”

The court further said that Bhosale was shifted to hospital by the prison authorities and not by the order of the special court. It further stated that INHS Asvini cannot treat Bhosale as it is under the control of the Navy. The court said, “Mere contention of the CBI for discharging the accused without suggesting any remedies in the event of his health damage likely to take place…would likely create an unusual situation.”

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