Mumbai: A special court on Wednesday directed that “at the risk of the Central Bureau of Investigation (CBI)”,builder Avinash Bhosale in its custody in a money laundering case concerning Yes Bank, be discharged from the state's St. George hospital within three days after necessary tests. The CBI had earlier cast aspersions on the state's JJ hospital authorities for permitting a prolonged stay.
Bhosale had been admitted in mid-October last year in the state's St. George hospital. Early this month, the court had noted his prolonged hospitalization and sought an update from the Enforcement Directorate, the prosecuting agency in the money laundering case concerning Bhosale. A day later, the Central Bureau of Investigation (CBI), which is probing the corruption case in the matter, had also approached the court regarding the matter. It had then sought that a medical board be constituted of experts from All India Institute of Medical Sciences (AIIMS) and subsequently, of doctors from the army, airforce, etc., to determine if Bhosale’s hospitalization is necessary. The special court on Wednesday rejected the agency's plea. The CBI had questioned the report of the JJ hospital's dean and alleged that there was no serious ailement, nor was he on ventilator or coma to justify hospitalization.
The court said the direction will suffice the allegations raised by CBI. It said that it is because they have made bold allegations on doctors of JJ hospital, without any basis, so they shall carry the risk of discharge of the accused.
Special Judge MG Deshpande said in the order that except bare allegations in its application, there is no contrary sound opinion of experts to straightaway disbelieve and discard the opinion of the medical board (of JJ hospital). It said JJ Group of Hospitals are old and renowned medical institutions in Mumbai which carry a reputation. Discarding their medical opinion without any contrary by accepting bald allegations of the CBI would amount to premature jumping conclusions.
It noted that Bhosale was admitted in the hospital after he tested COVID positive and the jailor had admitted him there and his admission was not on its directions.
The court in its order directed the Dean, JJ hospital to immediately, on top priority, undertake various tests on Bhosale within three days of receiving the order and thereafter, immediately discharge him to resume jail, at the CBI's risk.
It then directed that the dean, JJ hospital fix a schedule for Bhosale's treatment so that his hospitalization will not be necessary. The doctors shall suggest care to be taken by Bhosale such as food in order to continue his judicial custody. This too, it added, would be at the CBI's risk. The JJ hospital was further directed to prescribe him medications and follow up so that the jail atmosphere be conducive to his health.
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