Mumbai Court Grants Bail Two Days After Demise Of Applicant

Pawar had been arrested in 2021 on charges of cheating and forgery

A 62-year-old man, Suresh Dattaram Pawar, who had passed away at the state-run Sir JJ Group of Hospitals in Mumbai, was granted medical bail by a Sessions Court in the city two days after his demise. On May 11, 2023, Additional Sessions Judge Vishal Gaike approved the bail for Pawar for a period of six months. The court granted the bail on compassionate grounds.

Pawar had been arrested in 2021 on charges of cheating and forgery. In his medical bail application submitted on May 3, 2023, Pawar claimed to be suffering from diabetes, lung ailments, and kidney problems. He alleged that the lack of medical attention at JJ Hospital and the prison had led to the amputation of his leg on April 30, 2023. According to Pawar, he was transferred directly to the General Ward of JJ Hospital after the amputation, instead of being kept under observation in the ICU.

His health deteriorated further, and he was subsequently moved to the CCU ward. Since Pawar could not afford to pay for escorts, he sought medical bail instead of being transferred to a private hospital from JJ Hospital. The bail plea was heard on May 4, 2023, and the court directed the prosecution to submit the medical papers. The matter was then scheduled for May 6. 

However, on May 6, the prosecution requested an adjournment due to the investigating officer's sick leave and Pawar's ongoing treatment at JJ Hospital. Finally, on May 8, the parties presented their arguments. Pawar's lawyer highlighted his critical condition and the minimal chances of survival in the prison environment. On the same day, the complainant engaged an advocate and planned to file an intervention application on May 9, 2023. The Assistant Public Prosecutor opposed Pawar's application, arguing that the proposed treatment plan at a private hospital was not specified in the temporary bail application. The complainant also opposed granting relief to Pawar.

The court reserved its decision, but due to other matters, the order was issued on May 11, 2023, by which time Pawar had already succumbed to his health issues. The court noted that Pawar had sustained an injury to his toe in February 2023, which eventually led to the amputation of his leg below the knee on April 30, 2023, due to septic complications. The court considered Pawar's severe diabetic condition, the amputation, and lung infection, along with his age and medical requirements, in granting the temporary bail on humanitarian grounds.

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