The special PMLA court on Monday granted bail to Amar Mulchandani, the former chairman of Seva Vikas Co-operative Bank (SVB), on the ground that he is suffering from 60% disability and also that the trial is not likely to start in near future.
Mulchandani was arrested on July 1, 2023, for allegedly defrauding the bank of Rs 429.57 crore. He had moved bail through his lawyer Dr Sujay Kantawala, claiming that he had three cardiac arrest including a recent episode and bypass surgery in July 2021. Besides, it was contended that Mulchandani had been diagnosed with kidney ailment stage 3 and also suffering from severe diabetes.
The plea, however, was objected by ED prosecutor Kavita Patil claiming that if granted bail, Mulchandani may evade due process of law, hampering the further investigation and trial as well. Patil also took a reference of the incident, wherein co-accused Vinay Aranha, while taking treatment helped drug lord Lalit Patil escape from the judicial custody. It was contended that he can take treatment at JJ hospital in custody as well.
The special judge AC Daga while allowing his bail observed that it appears that applicant is having various ailments. He has chronic kidney disease with uncontrolled blood sugar. It was argued by the Ld. SPP that kidney disease is only Chronic but not of grave nature which lead this Court to search about it and during search, it was found that Chronic kidney disease, stage -IV means severe kidney damage and is close to not working at all. If the GFR is less than 15, then the kidney will be very close to not working or has stopped working.”
Besides, the court referred to certificate issued by JJ group of hospital that he is suffering from 60% permanent disability. Long period of incarceration without chance of trial being commencing in near future itself dilutes the rigorous of twin condition in PMLA.”
