(Picture: The Voice of Malegaon)
Advay Prashant Hiray, one of the twenty eight accused in the Rs 7.46 crore alleged loan fraud case, was today sent to Judicial Custody Remand (JCR) till December 07. Up till today, he has spent eight days in Police Custody Remand (PCR) since November 16 when he was first produced in the court.
On November 15, he was picked up by the officers of the Nashik Rural Police at Hotel Sayaji in the heart of Bhopal, Madhya Pradesh. Here’s an article that reveals what transpired in the court today.
Judge Bahalkar’s instant call
The Presiding Officer Hon’ble District and Additional Sessions Judge Shri S B Bahalkar asked the accused and the police team escorting him to wait outside the moment he saw the Remand Report. In a courtroom jam packed with advocates, Judge Bahalkar said the Remand Report itself seeks a Judicial Custody Remand (JCR). He also said that he will be declaring his order in a short while. Consequently, he did not take any argument as regards the custody of the accused.
Investigating Officer
To confirm this, Judge Bahalkar asked the Investigating Officer Rahul Tasare whether the police now want a JCR? To this Tasare who is Police Inspector, the Economic Offences Wing (EOW), replied in affirmative. The court then moved a step ahead with its proceedings.
The defence team
The defence team comprised Senior Advocates Asim Sarode and B S Shewale. Advocate B S Shewale started the argument and told the court that since his client was suffering from hypertension, he needs immediate medical relief in case of an emergency, which according to him was not possible in jail.
Besides, advocate Shewale said his client has other medical complications such as obesity. Recently, he (Dr Patil) underwent a surgery to curb obesity. This is causing him a lot of hardships. Also, he is unable to sit properly either. Hence the accused be either put up in a hospital or in jail (with proper medical care) during his time in JCR.
In ‘Life vs Security’ who gets preference?
Advocate Asim Sarode, a staunch supporter of human rights, told the court that when it came to the matter of life and security (of an accused) the preference is given to the life. In case of Hiray, Sarode tried to convey to the court that his client be put up in hospital as his life was more important than his security.
Home-made food and medical aid
Both Shewale and Sarode put up a strong case in favour of home-made food and proper medical care for their client. They also prayed before the court that since the health of their client was at stake, he be allowed home-made food in jail. And since he was having problem in sitting properly, he be allotted a commode in the toilet in jail.
At the accused’s own risk…
After hearing in length the arguments put forth by the defence team, Judge Bahalkar issued order in favour of home-made food for the accused at his own risk. He also asked the jail authorities to make available a chair or commode in toilet in the jail. He also asked the jail authorities to provide the accused with proper medical care as and when required.
The prosecution and the advocate for NDCC Bank
The Additional Public Prosecutor (APP) Mahendra Fulpagare represented the state in the case. However, this writer could not listen properly what Fulpagare presented in the court as his argument was lost in the cacophony of the courtroom.
Senior Advocate A I Wasif who has been fighting for the Nashik District Central Co-operative (NDCC) Bank was as usual quite unequivocal in his say. While taking part in the discussion as regards the facilities available in jail, Wasif told the court that the jail authorities concerned are better in the know of the facilities available there.
