Bombay HC Grants Interim Bail to Jet Airways Founder Naresh Goyal

Bombay HC Grants Interim Bail to Jet Airways Founder Naresh Goyal

Today, the Bombay High Court issued a temporary relief by granting Naresh Goyal, the founder of Jet Airways, interim bail for a period of two months. This decision comes in response to a money laundering case linked to an alleged default on a loan of Rs. 538 crore provided to Jet Airways by Canara Bank.

The verdict was delivered by Justice NJ Jamadar 

Naresh Goyal was arrested by the Enforcement Directorate (ED) on September 1, 2023, on allegations of money laundering totaling Rs. 538.62 crore linked to Jet Airways. Currently receiving cancer treatment at HN Reliance Private Hospital, Goyal's plea for permanent bail on medical grounds was dismissed by a special PMLA court on April 10, 2024. Consequently, he sought relief from the High Court.

In his application, Naresh Goyal stated that his wife is battling cancer and is currently in a critical condition. The application argued that bail should be granted under Article 21 of the Constitution, emphasizing the importance of Goyal's presence by his wife's side during this crucial phase of her illness.

Goyal asserted that the denial of bail infringes upon his fundamental right to life guaranteed under Article 21 of the Constitution. He argued that his continued detention is unjust and inhumane, particularly in light of both his and his wife's health conditions.

The application highlights that Goyal serves as the primary caregiver for his wife, bearing the responsibility not only for her physical care but also for making crucial decisions regarding her treatment.

The application additionally noted Goyal's desire to pursue alternative treatments for his illness and seek a second opinion, which is currently impeded by his confinement in a hospital under judicial custody. Moreover, considering the necessity for a clean, sterile, and hygienic environment during and after chemotherapy, Goyal's return to jail would not be conducive to his medical needs, as outlined in the application.

Goyal's application highlighted the fact that despite the severity of his health condition, the trial has not yet commenced, and the Enforcement Directorate (ED) has not filed any supplementary prosecution complaint. The ED opposed the bail plea, arguing that it should not be considered at this stage since Goyal is already hospitalized in a private facility of his choice. Additionally, they emphasized that there is no expert opinion suggesting that he should be discharged from the hospital.

After deliberating on the arguments presented, the High Court opted to grant Naresh Goyal bail for a period of two months. Earlier in February, a Special PMLA Court had rejected Goyal's plea for interim bail based on medical reasons. However, they permitted him to undergo cancer treatment in a hospital for two months. Furthermore, last year, the High Court declined to nullify Goyal's arrest.

Case Title – Naresh Goyal v. ED

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