MUMBAI: The Bombay high court on Friday reserved for orders, a
bail application
mainly on health grounds, filed by Jet Airways founder
Naresh Goyal
in an alleged
money laundering case
. His bail plea was opposed by
Enforcement Directorate
(ED) counsel Hiten Venegaonkar since he is already
hospitalized
at a private hospital of his choice and there is no expert opinion saying he is fit to be discharged, hence bail ought not to be considered at this stage.
Goyal’s senior counsel Harish Salve 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, he said. Goyal is presently at a private hospital. His wife, recently had a relapse of her cancer said the counsel adding she “may have few months left to live.’’ 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. The above circumstances fit in the provisions of section 45 of PMLA and are harmonious with Art 21 (right to life) said the counsel.
Incarcerated since his Sept 1, 2023 arrest by the ED, Goyal petitioned the HC recently after the special trial Judge refused him bail on medical grounds.
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.’’
Justice N J Jamadar said he would pass the order on Monday.
