[PMC Bank Fraud case] Bombay High Court allows Rakesh Wadhawan to get treated at private hospital

The Bombay High Court on Thursday allowed founder of Housing Development Infrastructure Limited (HDIL) Rakesh Wadhawan, who is presently admitted in KEM hospital, to be transferred to a private hospital for a period of six weeks..Wadhawan was arrested under charges of money laundering in the multi-crore Punjab and Maharashtra Co-operative (PMC) Bank fraud case. Both the Enforcement Directorate and the Economic Offences Wing of the Mumbai Police registered offences against him.He had approached the High Court seeking permission to be admitted under supervision of Dr Prashant Nair at Kokilaben Ambani Hospital on interim bail for adequate medical care and post-operative recovery at his own expense in addition to any bail conditions. .To consider this request, the Court called for Wadhawan's medical report from KEM hospital, where he had been admitted. The report stated that Wadhawan suffered from co-morbidities like diabetes and hypertension. He had also contracted COVID-19, undergone a dual chamber permanent pacemaker implantation and coronary artery angiography on the same day, and had developed a resistant urinary tract infection due to which he was on antibiotics for a month..Advocate Niranjan Mundargi argued that Wadhawan is suffering from serious ailments which require urgent treatment and surgery. He stated that Dr Nair had treated Wadhawan for years and that his client would feel safe if the surgery is performed under his supervision and consultation..Additional Public Prosecutor PP Shinde, appearing for the State, informed the Court that KEM Hospital had all the facilities and that renovation work at the hospital was also over. She, however, admitted that Wadhawan was a "high risk" patient as per the doctors.Special counsel Hiten Venegaokar, on behalf of the EDm strongly opposed the prayer for temporary bail.On a specific query by the Bench, the counsel submitted that instead of granting him bail, Wadhawan could be permitted to take treatment in the private hospital under escort, if the charges are paid by him..After hearing this submission, Justice Sarang Kotwal allowed Wadhawan to take treatment including surgery in a private hospital of his choice in Mumbai, for a period of six weeks from February 2.At the end of six weeks, Wadhawan will be shifted back to KEM hospital and then the State will take a decision as to whether he should be transferred back to prison..[Read order]