No Bail for Medical College Head who allegedly collected Rs 65 crore from 350 MBBS aspirants in admission fraud
Mumbai: Noting that the delay in starting the trial was due to the applicant's inaction in progressing the case, rather than any fault on the prosecution's part, a special PMLA court in Mumbai rejected the bail of Mahadev Deshmukh, former working president of the Kolhapur-based Shri Chhatrapati Shivaji Education Society (SCSES), who allegedly collected over Rs 65 crore from 350 medical aspirants for admission in a college run by the trust.
This marks the second time the applicant has sought bail, citing delays in the trial and arguing that there is no reason for him to remain in jail. Medical Dialogues in August this year reported that a special PMLA court in Mumbai rejected his first bail application due to his primary involvement in the crime.
At the previous trial, the defence counsel argued that Deshmukh had been in prison for nearly two years, with no imminent likelihood of the trial beginning suggesting that there was no reason to continue this case and therefore applied for a bail plea.
Similarly, in the recent bail application, his counsel has included a similar explanation. It argued that the applicant has been in jail for two years and five months and has severe health issues like Parkinson’s disease, severe constipation with bleeding piles, gastritis, Alzheimer’s, and epilepsy, and has experienced two paralysis attacks. Therefore, he pointed out that with no signs of the trial starting soon, he could receive proper medical care at home if granted bail.
Dismissing the arguments, Special Judge A C Daga said as reported by TOI, "It is not the prosecution's fault that the trial was delayed and that the matter was adjourned at the accused's request for about 20 months. On the one hand, the accused protected this court from deciding the bail application by seeking adjournment and on the other hand, now the accused is claiming that there is a delay in the commencement of the trial and his right to a speedy trial is being affected. The accused cannot blow hot and cold at the same time. As the delay is attributed to the accused, therefore, he cannot take any advantage of it."
Medical dialogues team had reported in July 2022 that the former working president of the Kolhapur-based Shri Chhatrapati Shivaji Education Society (SCSES) and other accused had cheated 350 medical aspirants and collected over Rs 65 crore for admission in a college run by the trust, as alleged in the charge sheet filed by the Enforcement Directorate.
The money collected from 350 medical aspirants had been used for purchasing properties or for personal use by the accused, the probe agency alleged in the charge sheet recently filed in the money laundering case.
According to the ED, the SCSES had collected the amount despite being aware that it did not have the necessary permissions from the Medical Council of India or Maharashtra University of Health Science for granting admissions to the MBBS course.
As per the charge sheet, Mahadev Deshmukh in collusion with the other accused had cheated around 350 gullible students from 2011 to 2016 and collected around Rs 65.70 crore on the pretext of offering admission to MBBS course in the college called Institute of Medical Science and Research (IMSR) run by the SCSES.
Further, it claimed that the Admissions Regulatory Authority had refused to renew permission for the medical college to admit students for MBBS courses for want of infrastructure. The agency claimed that even when the permission was denied for the academic year 2014-15, Deshmukh took money from students by promising them admissions in future – in academic years 2015-16 and 2016-17.
In view of the applicant's health condition, the court had earlier constituted a board under the superintendent of JJ Hospital to examine Deshmukh. The report revealed that no active medical intervention was needed now. Therefore, the court observed that Deshmukh cannot be termed a sick or infirm person, which would entitle him to bail.
“The report of the medical board is quite clear, the cardiology department arrived at a conclusion that no cardiac intervention is required at present and directed to continue cardiac medications, which he was already taking. The neurology department concluded that he should continue medications for Parkinson’s disease with physiotherapy, which he was already taking. The urology department has asked for a review with reports and the general medicine department concluded that no active medical intervention is needed at present and Deshmukh can continue with all medications as advised previously," noted the court as reported by Free Press Journal.
Considering the facts and arguments, the court rejected his bail application and disposed of the petition.
Also read- MBBS Admission Fraud: PMLA court rejects bail plea of six accused in money laundering case
