While rejecting the bail application on medical grounds, where Mendonca claimed he was suffering from chest pains and not getting ``proper medical treatment'', the judge held that he was being regularly taken to Thane Civil Hospital.

Mendonca's application on the grounds of merit of the case was argued by his counsel, who said Mhatre's complaint that the assailants had threatened him while assaulting him on January 20, 1999, was not borne out by the statement of witness Surendra Prasad. ``True the statement of the witness duringinvestigation is silent in respect of the alleged motive of the accused to assault Mhatre and thus the reason behind the motive and the words uttered by the assailants as disclosed in the FIR are inconsistent'', reads the order, ``however such inconsistencies are to be considered at the time of the trial.. There is reason to believe that the accused is one of the conspirators behind the said incident'', the judge concluded.