SUMIT SURESH BHATNAGAR Vs. JAIL SUPERINTENDENT

JUDGEMENT

(1.) This is an application preferred for being released on temporary bail in connection with RC No.RC0292018A006 dated 26.03.2018 registered with CBI/ACB, Gandhinagar.

(2.) The applicant is seeking the release on temporary bail on the ground that his daughter, who born on 16.12.2002 is a special need child. It is urged that she had difficulty at the time of her birth and her developmental milestones were delayed. She also had started developing ligament laxity in the elbows at an early age. She had started walking late and had monosyllabic speech till she was of 18 months. In short, it is urged that all her developmental parameters were very slow. She was eventually diagnosed as somebody, who has learning disabilities with both dyslexia and dyscalculia. She has immense difficulty in academic career. She had been recommended occupational therapy and continuous counseling. Her attention and concentration for auditory stimuli was slightly below the age level. It was also found that she experienced difficulty in discrimination between some words of similar pronunciation. In short, she is a special need child. She had been referred to various institutes for the purpose of academic and behavioral concerns and after evaluation of team of clinical psychologist, occupational therapists, special educator attached to the New Horizons Child Development Centre, Mumbai, it was found that IQ of the daughter fell within the range of Average Intellectual Functioning. She was suffering from dyscalculia, which was on account of Attention Deficit Hyperactivity Disorder, Combined Type and Oppositional Defiant Behaviour along with some emotional concerns which impede her academic performance. Her treatment continued at Comprehensive Brain Wellness Centre in the year 2016. She was also taken to Pediatric Neurodevelopmental Centre at Mumbai. The daughter could score IQ of 95, that falls within the ambit of average range of intellectual functioning. She was observed to be inattentive and taking breaks in the midst of testing. The school has been requested to allow extension of time for a writer for her exams. She is allowed to remove mathematics as a subject and given an optional subject. She is in the Central Board of Secondary Education, which has permitted the change of subject on the ground that she is presently in the 10th Standard and her preliminary examination is to start from 16.01.2019. Request is made to enlarge the applicant on temporary bail. He has been incarcerated from 17.04.2018. According him, however, in between he was granted temporary bail for the period of 15 days. He has urged that his father is 80 years old and there is no male member in the family and the wife alone would not be in a position to handle the child. Therefore, the request is made to permit the period of 30 days of temporary bail.

(3.) This Court has heard learned Senior Advocate Mr. Oza appearing with learned advocate Mr. Buch for the applicant. Learned Special Public Prosecutor Mr. Kodekar has been heard for and on behalf of CBI and today on his behalf learned Additional Public Prosecutor Ms. Maithili Mehta, has been heard in detail. After conclusion of the hearing of application of bail, when the request was made that further investigation is going on, the Court had called for the report from Central Bureau of Investigation, on further investigation, which has been submitted to this Court in a sealed envelope. It appears that further investigation is going on at a desirable pace. On instructions, learned Additional Public Prosecutor, of course, has objected to the grant of temporary bail on the ground that further investigation is on and statement of various witnesses are yet to be recorded. It is also further urged that use of huge fund and its authenticity etc. are also required to be ascertained and sanction and utilization of the term loan of Axis bank also is required to be investigated. There are other areas in which the CBI is still pursuing the matter and, therefore, request is made not to exercise discretion of grant of temporary bail at present.