Bombay HC junks bail plea based on forged medical reports

Before the Supreme Court, the man claimed that he was diagnosed with neuroendocrine neoplasm, akin to a cancerous tumour, which required urgent and detailed investigation

The Bombay high court has refused bail on medical grounds to a Pune resident booked in a MCOCA (Maharashtra Control of Organised Crime Act) case after noticing that the man had forged medical record to claim that he had a malignant tumour and required multiple cycles of chemotherapy. The man, Nilesh Baswant, was out on temporary bail for about ten months on the basis of the forged documents.

Bombay high court. (HT Archive)

Kondhawa police in Pune had, on August 5, 2016, arrested Baswant in connection with a 2015 attempt to murder case. Later, stringent provisions of the MCOCA were invoked against him.

Baswant’s first bail application was rejected by the local designated MCOCA court on October 24, 2017 and second one on July 9, 2018. He then moved the high court. His plea was rejected on January 30, 2020 in view of the evidence collected by the police against him. This prompted him to approach the Supreme Court.

Before the Supreme Court, he claimed that he was diagnosed with neuroendocrine neoplasm, akin to a cancerous tumour, which required urgent and detailed investigation. Accepting his plea, the Supreme Court on April 8, 202, granted him bail on medical grounds for four weeks. The temporary bail was then extended by the Supreme Court twice, first on May 8 and later on May 26, when it was extended for three months.

On June 13, 2020, he again filed a bail application before the designated MCOCA court at Pune, relying on his medical reports. On July 9, 2020, the designated court rejected his bail plea, primarily in view of the fact that he required chemotherapy and the facility was available at state-run Sassoon Hospital at Pune.

Baswant then moved the high court, challenging the MCOCA court order, and also filed a miscellaneous application before the Supreme Court and on August 25, secured a fourth extension of for two months, and on October 27, a fifth extension for three months.

However, when his plea came up for hearing before the high court, additional public prosecutor AA Takalkar pointed out that there was no question of considering Baswant’s case for bail on its own merit as a similar plea was rejected on January 30 and there was no change in circumstance to reconsider it.

Regarding his claim of serious illness, Takalkar pointed out that Baswant had relied on false medical records to obtain bail on medical grounds and he suffered only from tuberculosis for which he was treated at Sassoon Hospital. He was now cured and medication had been stopped in January 2021.

She further pointed out that on February 23, 2021 Shivaji Nagar police station in Pune had registered a fresh FIR against him for fabricating medical records.

The high court accepted her contentions, noticing that a medical investigation by Sassoon Hospital in February 2021 ruled out possibility of cancer and the police investigation that led to the registration of fresh FIR against him revealed that the man had relied on fabricated medical records.

“In the light of these circumstances, it is apparent that the applicant has been misleading the courts,” said justice PD Naik. “The applicant is not entitled for bail on merit as well as on medical grounds,” the judge added.