A special court on Thursday refused to grant interim bail to former chairman of JetAirways Naresh Goyal on medical grounds, but permitted him to get admitted at TATA Memorial Hospital for two months for his treatment under police escort.
While denying bail to Goyal, the court said, “The applicant is an NRI. Despite arguments regarding the 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. Granting freedom based on the mentioned grounds poses a risk of misuse. Additionally, the current medical condition of the applicant doesn't justify interim bail, the court added.
Goyal's lawyers had, however, pleaded that his bank accounts were freezed and with no income he has no money to pay for escort charges. Hence, they had objected to treatment in any other government-aided hospital including TATA.
Court's observations
The special Judge MG Deshpande observed, “All medical documents from private doctors, including Sir HN Reliance Foundation Hospital and Research Centre, unequivocally affirm that the accused can access services from such high-cost hospitals. If the applicant indeed faces financial difficulties, he can access the range of services available at Tata Hospital.
The court added, “Remarkably, the team of a number of esteemed lawyers from Naik Naik and Company, led by counsel Ameet Naik, has not asserted that they have been handling the matters of Accused No.1 (Goyal) as a charitable endeavor. This is only to suggest and nothing more, that the applicant is not incapacitated to pay escort charges.”
Senior counsel emphasises Goyal's right for treatment
Meanwhile, Goyal's senior counsel Abad Ponda had emphasised on the right of Goyal for treatment of his choice in case of such terminal ailment. The court while refusing to allow interim bail, said, when granting interim bail to accused in other accused in the past, the liberty was misused.
The court further clarified, “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. Acknowledging Goyal's diagnosis of neuroendocrine tumor at a preliminary stage, the court emphasises the urgent need for treatment under skilled hands for a swift recovery.”
