Bombay HC turns down Chhagan Bhujbal bail plea

The Bombay high court on Thursday rejected the bail application filed by former deputy chief minister of Maharashtra Chhagan Bhujbal on health grounds in the money laundering case. The senior Nationalist Congress Party (NCP) leader had sought bail on medical grounds, but the judge was convinced that his health was not in such a bad state that he required bail to get treated at hospital and consult a doctor, both of his choice.

Justice P.N. Deshmukh, while rejecting Bhujbal’s bail plea, however directed the jail authorities to provide him proper medical treatment and also admit him to a government hospital as and when required.

Senior counsel Amit Desai, appearing for Bhujbal, questioned the genuineness of the medical report provided by the nine-member panel of JJ Hospital doctors, which was appointed on the direction of the high court. He said the time mentioned on one of the reports was when Bhujbal was in jail and one of the reports dated back to August 2008, which was impossible.

Mr Desai also argued that when Bhujbal’s family approached a doctor at Hinduja Hospital for a second opinion, he had suggested additional tests and, if required, an angiography or a bypass to avoid a future cardiac arrest. Hence, he requested the court to grant his client bail so that he could go to a private hospital of his choice and get treated.

Special public prosecutor Hiten Venegaokar, on behalf of Enforcement Directorate (ED), replied that the discrepancies relating to time and date were due to a CMOS battery being weak or due to fluctuating electricity in the computer from which printouts of those reports were taken.

On the second issue that was raised by Mr Desai, the ED counsel said that the doctors at JJ Hospital had not suggested any further risks as there were none and supported his argument with the medical reports of Bhujbal which showed that his enzyme levels were a little above the normal level initially but had stabilised within 48 hours, thus posing him no risk whatsoever. Enzyme levels are normally used as markers to check any future risk.

On this point, Justice Deshmukh said that he was convinced that the reports were of Bhujbal himself, but said he was dissatisfied with the way the hospital had handled it.

The judge also said that he was not convinced that Bhujbal was in the risk zone as contended by his counsel Mr Desai and said that the required medical attention could be given to him while he was in judicial custody.