HC reserves orders on Naresh Goyal’s interim bail plea

Bombay HC reserves decision on Jet Airways founder Naresh Goyal's interim bail plea due to health concerns; court to announce verdict on May 6, 2024.

MUMBAI: The Bombay high court (HC) has reserved its decision on the interim bail plea filed by Jet Airways founder Naresh Goyal. A bench of justice NJ Jamadar will pronounce the order on May 6, 2024. Goyal, who is battling cancer, had petitioned the court earlier this week seeking bail on humanitarian grounds after a special court rejected his application for permanent medical bail on April 10, 2024. Despite the denial, the court allowed him to undergo medical treatment at HN Reliance private hospital, where he is currently receiving care.

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During the hearing, Goyal’s counsel, senior advocate Harish Salve, appealed on humanitarian grounds, citing not only Goyal’s physical difficulties but also the mental strain caused by his wife’s similar health condition. Salve expressed Goyal’s desire to be with his wife during her final days, noting his decision to undergo chemotherapy instead of more invasive surgery to be by her side.

Anita Goel’s health has deteriorated despite treatment, with medical reports indicating third-stage cancer. Salve highlighted provisions in the Prevention of Money Laundering Act that consider sickness as grounds for bail, stating, “The infirmity of mind is worse than the infirmity of physical being.”

Salve urged the court to release Goyal, proposing conditions to ensure his presence with his wife during her final days. He emphasised Goyal’s commitment to his own health, noting the necessity of his daily chemotherapy treatment and the risk of infections if he were to leave the hospital. Salve suggested, “Considering all this, I am suggesting for whatever conditions the court wants, let him be with his free mind with his wife for whatever many months she has.”

The Enforcement Directorate opposed the plea due to the lack of a recent medical report. Public prosecutor Hiten Venegavkar stated that the court should first obtain the latest medical report before making a decision. He also noted that there is no restriction preventing Goyal from meeting his wife in the hospital, where both are undergoing treatment.

Venegavkar emphasised the importance of prioritising Goyal’s health and suggested that the court consider additional medical reports to determine his fitness for discharge. He added, “What he requires today is prioritisation of his own health. If a fresh report says that he is fit, we shall consider.”

Goyal, arrested by the ED in September 2023 on allegations of money laundering and misappropriation of loans, initially sought bail from the sessions court. He consulted private doctors, leading to subsequent medical reports revealing malignant tumours and prompting his request for interim medical bail. Despite his plea for permanent bail on medical grounds being rejected in April, he was permitted to continue treatment in the hospital.

Goyal’s plea emphasised his role as the primary caregiver for his wife and the importance of their mutual support during their health battles. Additionally, he highlighted the necessity of exploring alternative treatments, which he cannot adequately pursue while confined to the hospital. The petition stressed the need for a clean, sterile environment, especially during and after chemotherapy, which would not be feasible in a jail setting.