Mumbai Court Grants Bail to Senior Citizen Two Days After His Demise

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Suresh Dattaram Pawar was arrested in a cheating case in 2021. In the medical bail application filed on May 3, he claimed he was highly diabetic and was suffering from lung and kidney ailments. The application also claimed that due to a lack of medical attention at the JJ Hospital as well as in the prison, his leg had to be amputated on April 30

Team Clarion

NEW DELHI — In a bizarre incident, a senior citizen was granted bail on humanitarian grounds by a sessions court in Mumbai two days after his death.

Additional Sessions Judge Vishal Gaike granted medical bail to  62-year-old Suresh Dattaram Pawar for six months on May 11, while he breathed his last in the state-run Sir JJ Group of Hospitals on May 9. 

Pawar was arrested in a cheating case in 2021. In the medical bail application filed on May 3, he claimed he was highly diabetic and was suffering from lung and kidney ailments. The application also claimed that due to a lack of medical attention at the JJ Hospital as well as in the prison, his leg had to be amputated on April 30, media reports said.

After the amputation, Pawar said he was transferred directly to the general ward instead of being kept under observation in the ICU. “Due to such careless handling, the health condition of the applicant further deteriorated and his internal organs [lungs] also got infected. Thereafter he was shifted to CCU,” his bail plea said.

Since Pawar could not afford to pay for escorts, he sought medical bail instead of a transfer from JJ Hospital to a private hospital.

The bail plea came up for hearing on May 4. The court directed the prosecution to file medical papers and posted the matter after two days. On May 6, the prosecution sought an adjournment on the ground that the investigating officer was on sick leave and the applicant was taking treatment at JJ Hospital. It was only on May 8 that the parties were finally heard.

Pawar’s lawyer argued that his client’s condition was extremely critical as was reflected in his medical file. His chances of survival in the prison environment were minimal, he submitted. However, the same day the complainant engaged an advocate and undertook to file an intervention application the next day – May 9. Additional Public Prosecutor Prabhakar Tarange opposed the application arguing that since the temporary bail application was silent on the further proposed line of treatment at the private hospital, Pawar shouldn’t be granted bail. The complainant also opposed relief to Pawar and the matter was reserved for orders.

However, as the court was engaged in other matters on May 10, the order was finally passed on May 11, by which time Pawar had already died.

Pawar was arrested in 2021 for cheating and forgery under sections 409, 420, 467, 468, 471, 120B, and 34 of IPC. A teacher had accused him and his wife of duping her under the guise of being property agents. She later found the couple had duped 16 people to the tune of Rs 2.4 crore.

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