Bombay High Court grants two months interim medical bail to Naresh Goyal in ED case

The Bombay High Court on Monday granted two months interim medical bail to Jet Airways founder Naresh Goyal in a money laundering case registered against him by the Enforcement Directorate (ED)..Single-judge bench of Justice NJ Jamadar ordered that Goyal will be released upon payment of ₹1 lakh with sureties.The Court also directed him to stay within the jurisdiction of the Prevention of Money Laundering Act (PMLA) court in Mumbai.He reasoned that there was a qualitative difference between getting treatment as an undertrial prisoner and as a citizen on bail. "Undoubtedly, the applicant is getting the treatment at the hospital of his choice. The medical opinions/reports do not indicate that the applicant requires further specialised treatment at even more specialised centre/ hospital. There is a qualitative difference between the treatment which a person gets as an under trial prisoner and as a citizen under no restraint," the court observed. .Goyal is presently hospitalised at HN Reliance private hospital for treatment of cancer..Goyal had initially approached the sessions court for bail. The sessions court then permitted him to consult private doctors for a medical checkup.Based on these medical reports, Goyal sought interim medical bail since the check-up revealed malignant tumors.The special judge permitted Goyal to be hospitalised for two months to avail cancer treatment.However, his plea for permanent bail on medical grounds came to be rejected in April, though Goyal was allowed to remain in hospital for treatment.This led to the present plea before the High Court..Senior Advocates Harish Salve and Abad Ponda appeared for Goyal along with team from Naik Naik & Co including Managing Partner Ameet Naik and Partner Abhishek Kale.He argued that Goyal was seeking bail only on humanitarian grounds. Limiting his bail to stay in hospital would mean that he will not be able to meet his wife who was critically ill, Salve argued. Salve also said that during and after chemotherapy, he will require clean sterile environment and he cannot be sent back to jail.He further pleaded the court to protect Goyal's fundamental right under Article 21. "He has not been convicted, these are only allegations against him. Investigation is ongoing, when it is complete they will file chargesheet and then trial will happen. If he is convicted, then he will be sent to jail. But till then.. he has done no wrong", Salve said. .Chief public prosecutor Hiten Venegaonkar with advocate Ayush Kedia appeared for ED. He opposed the petition stating that Goyal has been admitted to the hospital of his own choice. "There is no medical expert opinion that he is fit to leave hospital and stay at home. We have no objection to his hospitalisation. But whether he is fit to be discharged or not, there is no medical report to that effect," Venegaonkar said. .Justice Jamadar did not agree with Venegaonkar's submissions. "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 said. .[Read order]