Send Avinash Bhosale back to jail in three days: Court to JJ Hospital

The special court said that when the issue cropped up, the dean of JJ Hospital already constituted a board on her own to examine Bhosale by a team of five doctors. The board in its report of January 19 said that further hospitalisation of Bhosale was not needed

Mumbai: A special PMLA court in the city on Wednesday directed the JJ Hospital to discharge and send Pune builder and hotelier Avinash Bhosale back to jail within three days after completion of required tests for his treatment.

In its fourth charge-sheet in the Yes Bank – DHFL loan fraud case, the central agency claimed that Avinash Bhosale group companies had received ₹569.22 crore in all from DHFL, including funds routed through Radius Group of builder Sanjay Chhabria (HT Photo)

Bhosale was arrested in the Yes Bank – DHFL loan fraud case.

The court rejected CBI’s plea requesting that AIIMs or Navy doctors should separately examine Bhosale, observing that their apprehension about the treatment given to Bhosale at the state-run hospital was without any basis.

Special PMLA judge MG Deshpande criticised CBI for questioning the reports and treatment given to Bhosle by JJ Group of Hospitals.

“There is nothing to point out anything contrary to the report of the Medical Board (of JJ Hospital) except bare allegations made by the CBI. Admittedly, when CBI sought intervention on 11.01.2023, and thereafter it was permitted to approach the dean, subsequently they (CBI) collected the medical papers of Avinash Bhosale. However, till date CBI has not submitted any opinion of their doctors pointing out the opinion given by the medical board was contrary to the medical science,” said the court.

The special court said that when the issue cropped up, the dean of JJ Hospital already constituted a board on her own to examine Bhosale by a team of five doctors. The board in its report of January 19 said that further hospitalisation of Bhosale was not needed and he will be discharged if found to be hemodynamically stable in a dischargeable condition.

CBI had questioned the report and said that they want to get Bhosale examined first by doctors from the AIIMs and later said by doctors on the panel of the Indian Navy.

The court rejected the apprehension expressed by CBI and observed, “Neither CBI, nor the court is an expert. The treatment papers prima-facie indicate a chronic illness of the accused and continuous treatment given to him for the same. The final report indicates that seizure caused his fall in the bathroom. Therefore, in the absence of any sound contrary opinion, the court cannot straightway reject the report.”

The court also said that, “JJ Group of Hospitals and Grant Medical College are very old and renowned medical institutions which have a reputation. Discarding the medical opinion given by the senior members of the medical board and accepting bald and bare allegations made by CBI will amount to a premature conclusion, that too in the absence of any sound contrary opinion of the doctors in the same field.”

Rejecting CBI’s claim that medical reports of Bhosale were managed to adjust his further hospitalisation, the court said the allegations were without basis of any sound contrary medical opinion. According to the CBI, between April and June 2018, Yes Bank had invested around ₹4,727 crore in short-term non-convertible debentures and “Masala Bonds” of DHFL. The bank also sanctioned a term loan of ₹750 crore to a DHFL group firm.

In return, the then Yes Bank MD and CEO Rana Kapoor received a kickback of ₹600 crore from DHFL in the form of a loan to his family firm, Do It Urban Ventures (India) Private Limited, the CBI had said.

In its fourth charge-sheet in the Yes Bank – DHFL loan fraud case, the central agency claimed that Avinash Bhosale group companies had received ₹569.22 crore in all from DHFL, including funds routed through Radius Group of builder Sanjay Chhabria.