HC grants bail to Naresh Goyal
Goyal, 74, was arrested by the Enforcement Directorate (ED) on September 1, 2023 in connection with a scam involving the now-defunct airline. His appeal for permanent bail was rejected by a special court on April 10, following which he approached the high court
Mumbai: The Bombay high court on Monday granted bail to Jet Airways founder Naresh Goyal, who is accused in a money laundering case, saying he was sick and infirm. Section 45 of the Prevention of Money Laundering Act (PMLA) allows release of sick and infirm persons, relaxing the stringent conditions for bail under the Act.
“Prima facie, it appears that the applicant is both sick and infirm. Sick due to duodenum cancer. Infirm on account of advanced age, serious ailments and the emotional distress brought about by the situation in life which the applicant finds himself in,” Justice Nijamoodin Jamadar, who had granted Goyal interim bail on medical grounds on May 6 this year, said while passing the order to make the interim bail permanent. The interim bail was extended once on July 31.
Goyal, 74, was arrested by the Enforcement Directorate (ED) on September 1, 2023 in connection with a scam involving the now-defunct airline. His appeal for permanent bail was rejected by a special court on April 10, following which he approached the high court.
In his appeal, Goyal argued that while pre-trial detention under the Prevention of Money Laundering Act (PMLA) should support investigation and prevent evidence tampering, it must also respect fundamental human rights. Citing his battle with cancer, Goyal claimed that continued detention would be inhumane and that he required medical freedom to seek alternative treatment and medical consultation. Goyal’s wife died of cancer in 2023, 10 days after he was released on interim bail.
Hiten Venegaonkar, the special prosecutor in the matter, opposed the bail, saying since Goyal was already out on interim bail, he could continue to undergo treatment and need not surrender immediately. He would need to surrender once he recovered and only then could the plea for bail be considered in accordance with the Prevention of Money Laundering Act, Venegaonkar said.
The court, however, said, “In the light of the consideration which weighed with this Court in granting interim bail and the subsequent material on record which indicates that the applicant continues to be sick and infirm, I am inclined to make the order of interim bail absolute on the terms and conditions incorporated therein.”