A special court on Thursday rejected the interim medical bail application of Jet Airways founder Naresh Goyal, citing that his sickness was not “life threatening”, but allowed him treatment at a hospital for two months. Goyal had sought interim bail for six months earlier this month citing diagnosis of a cancerous tumor. The court said that there is an urgent need for treatment and that Goyal can be admitted to Tata Memorial Cancer Hospital in Mumbai for two months at his own expense. Referring to medical reports by a medical board of the state-run JJ Hospital and reports by doctors of a private hospital, special judge MG Deshpande said that the diagnosed condition of Goyal is at a preliminary stage and with proper tests and correct line of treatment, it can be eradicated. “Currently, neither private doctors nor the medical board has asserted that this sickness is life-threatening. Moreover, the health condition of accused number 1 (Goyal) has not exhibited alarming symptoms. There is a likelihood of positive recovery and complete eradication.with prompt and proper treatment.,” the court said that hence the condition does not fulfil the provisions for immediate medical bail as per the Prevention of Money Laundering Act (PMLA). “Naresh Goyal being an influential figure poses a risk to the investigation agency’s integrity of granting bail under the guise of the first provison of section 45 (1) (of PMLA, which has provisions for bail on grounds of sickness). It is crucial to clarify that the court’s denial of interim bail is not a refusal of medical aid, rather it is a measure to prevent potential abuse of the investigative process,” the court said. It added that the charges against Goyal are “highly serious” involving proceeds of alleged crime to the tune of Rs 538.62 crore. Goyal was arrested on September 1, 2023 by the Enforcement Directorate (ED), which claimed he had laundered money, siphoning off loans to the tune of Rs 538.62 crore that had been given to Jet Airways by Canara Bank. “It is crucial to note that the applicant is an NRI. Despite arguments regarding his age of 74-75 years, the relevant facts and circumstances leading to the generation of proceeds of crime occurred when the accused was 65-66 years old. Therefore, the present age should not be exploited in seeking interim bail,” the court said, adding that there is a “risk of misuse” in granting the relief sought. Through his lawyers Aabad Ponda, Ameet Naik and Abhishek Kale, Goyal had sought his release for six months on medical grounds. They had submitted that the 74-year-old has been diagnosed with malignant growth and requires special treatment. Earlier, a medical report from a private hospital had shown the malignancy. The ED had then sought a second opinion from the Sir J J Hospital which also said that he had malignancy and the proposed treatment for it was not available at the hospital. The ED through special public prosecutor Sunil Gonsalves had opposed the bail stating that he can be referred to a specialised government health care institution. The court directed the doctors who treat him to submit periodic reports twice a month. It also said that if the doctors recommend his discharge within the two months, he can be returned to jail.
