Mumbai, April 30, 2020 – In a significant ruling today, the Court of Sessions for Greater Mumbai, sitting as Lockdown Court No. 1, rejected the interim bail application of Jasvinder Singh Banwait, a 56-year-old director of a bank, who is an accused in a massive economic offense case. Banwait sought interim bail on medical grounds, citing various ailments and the ongoing COVID-19 pandemic and associated lockdown.

Banwait, son of Kashmira Singh Banwait and a resident of Thane, was arrested on March 12, 2020, in connection with EOW CR No. 86/2019. The charges against him include serious offenses under Sections 201, 406, 409, 420, 465, 467, 468, 471, 477(A) read with Section 120(B) of the Indian Penal Code (IPC), and Sections 46(1) and 47(A) of the Banking Regulation Act, 1949. These sections primarily pertain to criminal breach of trust, cheating, forgery, and falsification of accounts, with Section 409 IPC carrying a potential punishment of life imprisonment or up to 10 years.

Medical Grounds and Pandemic Concerns

Jasvinder Singh Banwait’s application, heard by Addl. Sessions Judge Smt. P.V. Ghule, cited a range of health issues, including high diabetes, liver disease, splenomegaly, prostatomegaly, cervical spondylitis, esophagitis, hiatus hernia, allergies, and breathing problems, in addition to requiring psychiatric treatment. His counsel, Adv. Vinit Jain, argued that Banwait requires daily proper medication and a specific diet, including home-cooked food.

The bail plea emphasized that due to the nationwide lockdown and the prevailing pandemic, Banwait’s health condition could deteriorate, potentially leading to more serious ailments like ulcers or cancer. It was also highlighted that while a Metropolitan Magistrate’s order dated March 18, 2020, had directed jail authorities to consider his request for home food and medicine as per the jail manual, his wife was unable to provide home food due to the lockdown restrictions on movement from Thane to Taloja Jail.

Prosecution Opposes Bail, Citing Severity of Offence

Special Public Prosecutor Ajay Misar, representing the Economic Offence Wing (EOW), opposed the interim bail. He argued that the directions from the Hon’ble Apex Court in Suo Moto Writ Petition No. 1/2020 regarding interim bail were applicable only to offenses with a maximum punishment of up to seven years. He pointed out that Section 409 of the IPC, under which Banwait is charged, carries a potential punishment of imprisonment for life or up to 10 years, thus falling outside the purview of the Apex Court’s directions for less severe offenses.

The EOW also stressed that the directions were not intended for undertrial prisoners involved in serious economic offenses, bank scams, or cases under special acts like MCOCA, MPID, PMLA, NDPS, or UAPA.

Court’s Observations and Decision

After hearing arguments from both sides, including Adv. Shruti Jadhav for the intervening bank, Judge Ghule meticulously reviewed the submissions.

The court acknowledged the applicant’s various ailments and his concern about deteriorating health. However, it noted that Banwait was arrested only recently, on March 12, 2020. The Investigating Officer (IO) submitted that the investigation was still in progress, and a separate charge-sheet would be filed against Banwait, as the period of investigation after his arrest was not yet over.

Crucially, the IO highlighted the gravity of the alleged offense, stating that the investigation had revealed the siphoning of “huge public money,” estimated to be more than Rs. 4,000 to Rs. 5,000 Crores, with the involvement of several accused. Twelve accused, including valuers and Banwait as a bank director, have already been arrested in what is described as a major “bank scam.”

The court observed that Banwait’s fear of developing more serious diseases like ulcers or cancer was anticipatory and based on his diabetic condition. Regarding the provision of food and medicine, the court noted that there are government hospitals to care for prisoners’ health, and jail food is served at fixed times and is generally not high in fat. It further stated that Banwait could continue to take his prescribed medicines in jail.

Ultimately, Judge Ghule concluded, “It is seen that applicant is afraid that his health will become worse. It is seen that till now no such situation has arisen for him. The previous treatments for ailments are as of any person. At present I do not find that applicant is suffering from any abnormal disease.”

Given the severe nature of the offense, the ongoing investigation, the massive public funds involved, and the lack of an “abnormal” disease at present, the court was not inclined to grant interim bail.

Therefore, Bail Application No. 324/2020 was rejected.