Bombay High Court
Babulal Mulchand Varma vs Directorate Of Enforcement Zone Ii ... on 11 May, 2022
Author: N.J.Jamadar
Bench: N.J.Jamadar
Digitally signed
SWAROOP by SWAROOP
SHARAD
PHADKE
SHARAD PHADKE
Date: 2022.05.11
17:37:32 +0530
9 IA 1496 OF 2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1496 OF 2022
IN
BAIL APPLICATION NO.4179 OF 2022
Babulal Mulchand Varma ... Applicant
versus
Directorate of Enforcement and Anr. ... Respondents
Mr. Girish Kulkarni with Mr. Aftab Diamondwala, Mr. Ashraf
Diamondwala, Mr. Vinay Dali i/by Diamondwala and Co., for
Applicant.
Mr. H.S.Venegaonkar, for Respondent No.1.
Mr. S.V.Gavand, APP, for State.
CORAM: N.J.JAMADAR, J.
DATE : 11th MAY, 2022 (VACATION COURT) P.C.
1. Heard the learned Counsel for the Applicant and the learned Counsel for Respondent No.1. This Application is preferred for grant of temporary bail on medical grounds, in Special Case No.377 of 2021 arising out of ECIR No.II/20/2020 registered by the Directorate of Enforcement, Zone II, Mumbai.
2. As the issue of medical condition of the Applicant, who has been admitted in Lilavati Hospital, was a matter of contest, this Court by an order dated 6 th May, 2022, with the consent of the parties, requested the Dean of J.J. Group of Hospitals to constitute a SSP 1/5 9 IA 1496 OF 2022.doc medical board of doctors comprising of Neurologist, Urologist, Cardiologist and Pulmonologist, to examine the Applicant. The team was requested to visit the Intensive Care Unit of Lilavati Hospital, where the Applicant has been admitted, and examine the Applicant and submit a report to this Court. The team was requested to indicate in the report (i) the nature of illness and the health condition of the Applicant, (ii) the nature of treatment required, (iii) whether such facilities are available in J.J.Hospital, (iv) whether the Applicant is fit to be shifted to J.J.Hospital and (v) whether the required treatment can be provided in J.J.Hospital.
3. Pursuant to the directions of this Court, the medical team visited the Lilavati Hospital on 9 th May, 2022 and evaluated the medical condition of the Applicant. The team of doctors has carried out a detailed health assessment of the Applicant. In the opinion of the medical team, for urological problem, the Applicant can take treatment on OPD basis and does not need any admission. For cardiac ailments, the Applicant can continue oral treatment for his IHD as advised in the past on OPD basis and the Applicant does not need any admission for his current cardiac status. For neurological purpose also, the Applicant can take treatment on OPD basis and the Applicant be followed up for MRI Brain and EEG on OPD basis. In SSP 2/5 9 IA 1496 OF 2022.doc respect of the pulmonological problem, the team has noted that the Applicant has been on intermittent BiPAP since 8th May, 2022 on Fio2 of 30%.
4. The medical team has recorded the following impression and conclusive remarks :
"Impression : Suspected seizure disorder in a known case of ischemic Heart disease, diabetes Mellitus, Hypertension, Post Covid sequelae with recurrent Urinary Tract Infection (culture negative).
Conclusive remarks :
(1) He is under evaluation for seizure disorder. (2) Currently patient is in the ICU. His general condition is fair. He is able to maintain Oxygen saturation on room air which has been check, confirmed and recorded in the nursing chart.
(3) Patient's oxygen needs should be assessed for the next 48 to 72 hours which can be done in the ward. (4) Facilities for managing the current condition of patient are available at JJ Hospital."
5. In view of the aforesaid assessment by the team of specialist doctors of J.J.Hospital, indisputably the Applicant needs to be assessed for his Oxygen requirements and the Applicant does not seem to be fit to be discharged from the hospital. However, the medical team has categorically stated that the facilities for managing current condition of the Applicant are available at SSP 3/5 9 IA 1496 OF 2022.doc J.J.Hospital.
6. In view of the report of the team of experts, it would be appropriate to direct that the Applicant be admitted in J.J.Hospital and kept under treatment/observation till 20th May, 2022.
7. The Dean of J.J.Hospital is requested to facilitate the admission of the Applicant in an appropriate facility at J.J.Hospital and furnish a report to this Court in respect of the health condition of the Applicant on 20th May, 2022.
8. The temporary bail shall stand extended till 20 th May, 2022.
9. List on 20th May, 2022.
10. All concerned to act on an authenticated copy of this order.
11. The learned APP shall forthwith communicate this order to the Dean, J.J.Hospital, Mumbai.
( N.J.JAMADAR, J. ) SSP 4/5 9 IA 1496 OF 2022.doc SSP 5/5