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BA 324/2020
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
LOCKDOWN COURT NO.1
BAIL APPLICATION NO.324 OF 2020
IN
EOW CR NO.86/2019
Jasvinder Singh Banwait
S/o Kashmira Singh Banwait
Age : 56 years,
R/o. : Plot no.4, Waheguru Pariwar,
Sector No.5, Shree Nagar, Wagle,
Thane Ц 400 604.

…Applicant/accused
Versus
1. The State of Maharashtra
(at the instance of Economic Offence Wing,
Banking Unit 2)
2. The Superintendent of Jail,
Taloja Central Jail,
Navi Mumbai Ц 410 210.

…Respondents
Coram : Smt. P.V.Ghule
Addl. Sessions Judge
(Lockdown C. R. No.1)
(Seating Arrangement CR no.7)
Date : 30th April, 2020
Adv. Vinit Jain i/b Vijai Mankavil for applicant.
SPP Ajay Misar for the EOW is present.
Adv. Shruti Jadhav for Intervener (bank) is present.
ORDER
Application is for interim bail in CR No. 86/2019 sections
201, 406, 409, 420, 465, 467, 468, 471, 477 (A) r/w section 120 (B) of
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BA 324/2020
the IPC and under section 46 (1) and 47 (A) of Banking Regulation Act,
1949.

2.

The applicant is director of the bank and arrested on
12.03.2020 in present CR. He is in judicial custody.

Applicant applied
for interim bail on medical ground due to disease like high diabetics,
disease of liver, splen, prostatomegaly, cervical spondylitis, esophagitis,
haitus hernia, allergies, breathing problem and psychiatrist treatment
etc., and requires daily proper medication and home food as per the
diet chart. Due to pandamic in the country he prayed for interim bail as
his health condition may deteriorate. He may suffer from more serious
disease like ulcer , cancer etc.,
3.

He 56 years old. His wife was providing him home food
but thereafter home food is not being given to him. The lockdown and
pandemic in Maharashtra is about to continue further. Ld. Addl. Chief
Metropolitan Magistrate 47th Court passed order dt. 18.03.2020
directing jail authority to consider request of applicant for home food ,
medicine as per jail manual.
4.

Thereafter applicant approached the Honble High Court in
writ petition LDVC 37/2020 as he was aggrieved that he was not
permitted home food or medicine although Ld. Addl. Chief Metropolitan
Magistrate 47th Court directed jail authority to consider the request as
per jail manual.
5.

The prosecution has filed say that order of HonТble Apex
Court suo moto Writ Petition No. 1/2020 is applicable only to offences
for which punishment up to 7 years. It is pointed out that section 409 of
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the IPC the punishment is imprisonment of life or with imprisonment
either description which may extend to 10 years. The directions are not
applicable to UTP of serious economic offences, bank scam, special Act
like MCOC, MPID, PMLA, NDPS, UAPA.
6.

Heard both sides and intervening advocate. Perused written
arguments also.
7.

Ld. Advocate for the applicant has submitted that applicant
is arrested on 12th March 2020 after two chargeнsheet are filed against
other accused. Investigation is over. The applicant will remain at home,
deposit his passport. The interim bail till pandemic be granted. It is
submitted that person with high diabetics is at risk. requires proper
food, medicines and care. The applicant is also suffering from disease of
throat i.e., esophagities and relied upon medical reports of his previous
treatment of the year 2015, 2018, 2019. Ld. Advocate also placed on
record google search articles on disease and submitted that there is
possibility that applicant will suffer from other severe disease if he is
kept in jail.
8.

The I.O. submitted that even in pandemic the investigation
is in progress. The period of investigation after arrest of present
applicant is not over. Thereafter separate chargeнsheet will be filed.
The investigation has revealed that huge public money is siphoned with
the help of several accused. It is seen that already 12 accused are
arrested. The valuer are arrested alongwith present applicant who is
one of the director of the bank. The present offence involves more than
4,000/н to Rs.5,000/н Crores.

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9.

BA 324/2020
It is seen that the applicant anticipating that he may get
ulcer, cancer etc., because he is a diabetic. The applicant wants home
food. The family of applicant cannot travel from his residence at Thane
to Taloja Jail and supply home food is clear. The applicant initially
wanted his wife to bring home food for him. However due to lockdown
no citizen can move out of the house or travel. The applicant has to
follow diet chart and is to take more fibers food, low fatty food etc.,
It is seen that applicant is
in judicial custody. He was
arrested on 12.03.2020 only. The neture of offence is very severe. The
punishment is also not less than 7 years. The huge public money is
involved and it is bank scam. It cannot be said that, applicant is not
involved in the offence. As far as his health is concerned there is
government hospital to take care of it. The food in the jail is always
served at fixed time and is not with much fatty substance. The applicant
can continue take his medicine if any, in jail.
It is seen that applicant is afraid that his health with
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. Hence I am not inclined to grant interim bail. Application is
rejected. Hence following order.
ORDER
Bail Application No. 324/2020 is rejected.

Date : 30/04/2020
(P.V.Ghule)
Addl. Sessions Judge,
City Civil & Sessions Court, Mumbai
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BA 324/2020
УCERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.Ф
30/04/2020 at 3.00 p.m.
UPLOAD DATE AND TIME
(Varsha N. Rajgole)
NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Date
of
Pronouncement
JUDGMENT/ ORDER
HHJ Smt. P. V. Ghule
(Lockdown Court No.1)
of 30/04/2020
JUDGMENT/ORDER signed by P.O. 30/04/2020
on
JUDGMENT/ORDER uploaded on
30/04/2020