SEEKING PROVISIONAL bail on medical grounds a week after he underwent bypass surgery, the lawyers representing former Star India CEO Peter Mukerjea told the court that if anything happened to him in prison, “it will be akin to sentencing him to death without trial”.
Peter, his wife Indrani Mukerjea and her former husband Sanjeev Khanna are facing trial for the murder of Indrani’s daughter Sheena Bora.
Lodged at Arthur Road Jail since 2015, Peter suffered a minor heart attack last month following which he underwent a surgery.
On Tuesday, advocate Shrikant Shivade along with Amit Ghag submitted arguments seeking temporary bail for six months for Peter to recuperate post surgery.
Shivade said after Peter was discharged from hospital, he will be sent to jail and that could cause a “life-threatening” infection.
“Heart surgery requires a high dose of antibiotics due to which the body becomes vulnerable to infections. In jail, there are several cases of inmates suffering from malaria and dengue. It is not advisable for him (Peter) to stay there. There will be no post-operative care for him… sometimes it takes about a year for a person to heal. During this time, if anything goes wrong, it will be like giving him the death sentence without a trial. Denying him bail will be like handing him the death sentence,” Shivade submitted before the court.
He added that it was only an interim bail for six months during which the criminal trial will not suffer in any manner.
The bail plea was opposed by Special Public Prosecutor Kavita Patil, who said the authorities as well as the state-run J J Hospital were equipped to ensure post-operative care for Peter.
Patil added the “apprehensions” regarding Peter’s post-operative care were “premature” and that the submissions regarding an infection he could contract in jail were “imaginary”.
Special Judge J C Jagdale will pass an order on the plea on Thursday.