Relief for ailing accused in admissions scam

Mahadev Deshmukh was arrested in 2022 for allegedly cheating several students to the tune of ₹65.7 crore

MUMBAI: The Bombay High Court on Thursday granted bail to Mahadev Deshmukh, the president of Shri Chhatrapati Shivaji Education Society in Satara, who was arrested by the Enforcement Directorate (ED) on May 6, 2022, for allegedly cheating several students to the tune of ₹65.7 crore. Deshmukh’s bail was considered on grounds of severe medical ailments and prolonged incarceration.

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Deshmukh collected the amount from students under the guise of granting them admission in medical faculty. Part of the fund was withdrawn as cash for payment of salary and the rest were replenished to various other accounts, under the guise of purchasing medical equipment and services.

A special Prevention of Money Laundering Act (PMLA) court on December 26 last year had rejected his bail plea, observing that Deshmukh could not rely on the grounds of the trial being delayed as the delay was due to his own inaction in proceeding further. On the other hand, all other co-accused in the case have been granted bail.

Senior advocate Sudeep Pasbola, representing Deshmukh, persuaded the court to consider his case on medical grounds. The medical board and the doctors of Sir J J Group of Hospitals in February, had informed the court that Deshmukh was suffering from Parkinson’s disease since 1993, and it has worsened his condition while in custody. He was also diagnosed with a large exophytic cyst on the upper portion of his right kidney, Alzheimer, epilepsy, and has been advised to undergo immediate surgery. His advocate further urged the court to consider his prolonged incarceration for more than 2 years 10 months and 21 days.

On the other hand, Special prosecutor Shreeram Shirsat, requested the court to call for a fresh medical examination record as his medical condition was duly considered by the sessions court in its December order while rejecting the bail application. “Once the trial court has ascertained the medical condition and directed him to continue his medication while in jail, this court should not consider the request for medical bail”, he added.

Considering Deshmukh’s age, medical condition, and prolonged detention, the single judge bench of justice Milind Jadhav granted him bail. “In view of the present status of the trial in the predicate offence, possibility of the trial being commenced and completed in the near foreseeable future is highly unlikely”, it stated.

Observing that all the other accused have been granted bail in the case, the court ruled that Deshmukh deserves the benefit of seeking parity. It ordered his bail on the ground that Deshmukh would not directly or indirectly attempt to contact the prosecution witnesses and victims of the scheduled offences in any manner.