Bombay High Court Grants Two-Month Interim Bail To Jet Airways Founder Naresh Goyal In Money Laundering Case

The Bombay High Court today granted interim bail for two months to Jet Airways founder Naresh Goyal in a money laundering case arising out of an alleged loan default of Rs. 538 Crores given to Jet Airways by Canara Bank.

Justice NJ Jamadar pronounced the judgement.

"The broad submission that since the applicant has got best of the treatment, he does not deserve to be released on bail, looses sight of the precious value of personal liberty. To accept such a broad proposition that once a person gets the requisite treatment, he does not deserve bail, howsoever critical his health condition may be, would defeat the legislative intent of enacting the proviso and render the proviso otiose", the court observed.

Proviso to Section 45(1) empowers the Court to release a person accused of an offence under the PMLA on bail, if such person is sick or infirm or a woman or under 16 years of age.

"the age of the applicant, the disease he is suffering from, the treatment recommended for the said disease, other ailments the applicant is suffering from and the situation in life brought about by the life-threatening disease the wife of the applicant is suffering from, cumulatively justify exercise of discretion vested in the Court under the proviso to section 45(1) of PMLA", the court observed.

Goyal was arrested by the ED on September 1, 2023, on charges of money laundering amounting to Rs 538.62 crore related to Jet Airways. Goyal, who is currently undergoing treatment for cancer at HN Reliance Private Hospital, was denied permanent bail on medical grounds by a special PMLA court on April 10, 2024. Thus, he approached the High Court.

“Pre-trial arrest even under the PMLA is to assist in the investigation and to prevent the accused from tampering with the evidence. However, it has to be balanced with the basic human rights of the accused and cannot be used to inflict a de-facto death penalty on the accused…He is suffering from duodenal cancer the treatment for which is complicated. The wife of the Applicant has come down with severe cancer and despite multiple surgeries the cancer has reappeared. This state of health of his wife is exacerbating the mental condition of the Applicant”, Goyal's plea highlighted.

In his application, he said that his wife is also suffering from cancer and is in critical condition. The application contended that bail should be granted based on Article 21 of the Constitution so that Goyal could be with his wife during her critical stage of illness.

“It may well be that these few months that follow may be the end of the road for the Applicant and his wife. In these circumstances, to keep the Applicant in incarceration and limiting his bail to stays in hospital where he cannot be with his wife, is a gross violation of basic human rights. Prisoners of war are not accorded treatment that is so degrading and inhuman”, Goyal contended in his bail application.

Goyal contended that denying him bail restricts his fundamental right to life under Article 21 and contends that his current incarceration is inhumane, given his and his wife's health conditions.

“The Applicant and also his wife are entitled to the protection afforded in Article 21 of the Constitution. In the twilight of their lives, whilst they both battle life threatening conditions they must be permitted to provide each other succor as the others, primary care giver”, the application read.

The application states that Goyal is her primary caregiver responsible not only for her care but also for the decision-making surrounding her treatment.

The application also mentioned that Goyal wants to explore alternative treatments for his illness and seek a second opinion, which he cannot do while sitting in a hospital under judicial custody. Further, during and after chemotherapy treatment, he will require a clean, sterile, sanitized and hygienic environment and cannot be sent back to jail, the application states.

Goyal's application pointed out that despite the seriousness of Goyal's health condition, the trial is yet to commence, and there is no supplementary prosecution complaint filed by the ED.

ED opposed the bail plea stating that it should not be considered at this stage as Goyal is already hospitalized in a private hospital of his choice and there is no expert opinion that he should be discharged.

After considering the arguments, the HC decided to grant bail for two months.

In February, a Special PMLA Court denied Goyal interim bail on medical grounds but allowed him to be hospitalized for two months for cancer treatment.

Last year, the HC also refused to quash Goyal's arrest.

Case Title – Naresh Goyal v. ED

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