24-06-2025
Khyati hospital chairman's bail plea rejected: Rs 8 crore from PMJAY earnings used to clear bank loan, plan new hospital; court told
Khyati Multispeciality Hospital utilised Rs 8 crore from the money allegedly generated through the PM-JAY (Pradhan Mantri Jan Arogya Yojana) medical procedures for paying off a bank loan in order to 'plan another hospital at Naroda' for which 'targets were given to bring more and more patients', the Ahmedabad Rural District and Sessions court noted on Tuesday while rejecting the regular bail plea of Chairman Kartik Patel, post the filing of chargesheet by the investigating agency.
The court considered the prosecution's argument that the defence contention that Patel had not earned or withdrawn a single rupee of the PMJAY earnings 'is misconceived'.
The court order said, '…as the amount which was earned by the hospital is utilized for paying Rs 8 crore loan of the bank availed by the Khyati Multi-specialty Hospital… Prior to this incident during the period from March 31, 2022 to November 11, 2024, 3,578 PM-JAY claims for angiography / Angioplasty were placed by Khyati Multi-specialty Hospital and an amount of Rs 16.64 crore was earned. There are evidence of witnesses which suggests that one another hospital at Naroda was planned for which targets were given to bring more and more patients by adopting unethical practice and all the decisions were taken in the meetings under the Chairmanship of the applicant – accused which prima facie reveals that he was having knowledge about the affairs of the hospital…'
Patel had sought regular bail citing the principle of parity, referring to the bail granted by the Gujarat High Court to co-accused and non-executive directors Dr Sanjay Patoliya and Rajshri Kothari as well as Chief Executive Officer Rahul Jain, with Patel's counsel arguing that the three accused had 'role almost similar… have been enlarged on bail… while Patel was not involved in the day to day administration of the hospital'.
The prosecution, however, had argued that Patel being the Chairman was 'facing charges of conspiracy' and from the statements of other witness doctors, it had come to light that Patel was allegedly 'pressurizing doctors to refer patients' for 'unethical procedures'.
The court was not inclined to grant the regular bail while stating that the principle of parity could not be applied, considering the 'seriousness and gravity of the offence'.
Principal District and Sessions Judge KM Sojitra considered the submissions of the Special Public Prosecutor Vijay Barot, who emphasised on the fact that Khyati Multispeciality had 'made 91% of its income from PM-JAY medical beneficiary scheme'. Noting the submission of the prosecution in the grounds for rejecting the bail plea of the hospital Chairman, the court also considered that the prosecution had put forth statements of doctors, who are witnesses and had stated that 'referring charges were paid to them and the cheques of the same were signed by (Kartik Patel).'
The prosecution placed heavy reliance on the statement of a Cardiologist Dr Jeet Brahmbhatt, who was a witness, and had revealed the 'unethical medical practice and involvement operated by the present applicant'. The court noted that Dr Brahmbhatt, in his statement recorded before the magistrate, had stated that (Patel) used to give targets to the directors to
bring more and more patients. 'This witness has joined as Full Time Cardiologist with the hospital and as he did not admit the patients who were not required to undergo angiography / angioplasty, his salary was stopped and he was pressurized to admit the patients and bring them under PM-JAY scheme as he used to keep angiography patients as indoor patient for only one day. Kartik Patel had stopped his payment as the number of patients had reduced due to the said witness,' the court order states.
Considering the submission that Patel, as the Chairman of Khyati Multispecialty Hospital has 50.91% share for himself and 0.07% share as HUF and also allegedly presided over fortnightly meetings at the office, where 'strategy to bring more patients and how more and more patients can be brought under the Government welfare scheme was made', the court rejected the bail plea of Patel.
Patel has been lodged in judicial custody in the Sabarmati Jail in Ahmedabad since his arrest on January 17, this year.
