BOMBAY HIGH COURT GRANTS INTERIM BAIL TO JET AIRWAYS FOUNDER NARESH GOYAL ON MEDICAL GROUNDS

MUMBAI: The Bombay High Court on Monday granted interim two-month bail on health grounds to Jet Airways founder Naresh Goyal,75, in an alleged money laundering case. Justice N J Jamadar who pronounced the order said he "partly allowed'' Goyal's bail plea with conditions and posted the bail bond at Rs 1 lakh with a like surety. The HC declined Goyal’s plea for cash bail to ensure immediate release.

The Enforcement Directorate (ED) had arrested him on Sept 1, 2023.

Over eight months later, Goyal is likely to head home within the next two days.

The ED counsel Hiten Venegaonkar had opposed his bail plea noting that he is already hospitalized at a private hospital of his choice and there was no expert opinion certifying him fit to be discharged, hence bail ought not to be considered at this stage.

Goyal’s senior counsel Harish Salve and Aabad Ponda with advocate Ameet Naik, however, had argued that Goyal was diagnosed with cancer and advised Whipple's surgery which is a very high-risk surgery. Chemotherapy may only curb the spread of cancer but not cure the cancer, Salve appearing via videoconferencing from London had argued.

Goyal’s wife recently had a relapse of her cancer, his counsel also informed the HC adding that she “may have few months left to live.’’ In these circumstances, to keep him in the hospital where he cannot be with his wife is a gross violation of basic human rights, his bail application contended adding, “Prisoners of war are not accorded treatment that is so degrading and inhuman.’’

Goyal’s latest April 23 medical report from Reliance Hospital suggests in light of his wife’s condition he will not undergo Whipple surgery but only chemotherapy at this stage and his precarious health would fall within the stringent provisions of section 45 of Prevention of Money Laundering Act (PMLA) which govern bail and carve out an exception.

His plea is that even under special more stringent laws like the PMLA pre-trial incarceration must be balanced with the basic human rights of the accused and “cannot be used to inflict a de-facto death penalty on the accused.’’

The reasoned order of the bail will be available later.