Peter's bail application was rejected Thursday by CBI special Judge Jayendra Chandrasen Jagdale.
In an order dictated in an open court he stated: "I would like to specify that this court is directing the hospital authorities of Asian Heat and JJ hospital in respect of post operational care of Accused No 4 (Peter Mukerjea). He is entitled to take post operative care, instructions and treatment from Asian Heart or any other medical center as per his desire.
"At present he is at Asian Heart hospital. And he will remain in Asian Heart till he gets discharged and after he is discharged he should first be shifted to JJ (Sir JJ Hospital). Only after the dean of JJ says he can be shifted to the special cell, he should be shifted there.'
About the specific cell that Mukerjea would be shifted to after his discharge from JJ hospital the judge said: "It has to be remembered that the present applicant accused is kept in a special cell of Arthur Road Jail. The said special cell is situated at a separate building and detached from the rest of the premises of Arthur Road Jail.
"The said separate building has two floors and applicant accused is kept on the ground floor. There he is having various facilities, like a TV, English newspapers. There are two big rooms and the said rooms are surrounded by open space.
"He has to share the room with hardly one or two inmates. This is the same cell which has been presented to the magisterial court of Britain by the government of India in extradition process of another fugitive accused.
"The said cell is having proper ventilation facility. So an inmate can get sufficient sunlight and air. Moreover there is a 24-hour medical service inside the Arthur Road jail and a medical officer is also available 24 hrs.
"So the apprehension on part of Accused No 4 that there is a great danger to his life if he is sent back to the jail, is not sustainable."
Refuting the charges made on Tuesday by Mukerjea's laywers, Judge Jagdale stated: "Another important point raised by the accused (was) that there was inordinate delay in taking the accused to the JJ hospital, because of the government laxities. As far as this contention is concerned, record as well as factual aspect clearly indicates that the jail authorities have immediately taken the present applicant to JJ hospital and timely medical treatment started. This is the reason why the applicant has successfully undergone bypass surgery."
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