On 11th November, 2024, amidst the liquidation process of Jet Airways the Bombay High Court’s Single Judge Bench of Justice N J Jamadar granted bail to Naresh Goyal who was arrested by the Enforcement Directorate (ED) in an alleged money laundering case.

Naresh Goyal, 75 years old, suffers from various ailments including malignant duodenum neuro-endocrine tumor, that requires medical treatment and potentially surgery. Since his wife passed away from cancer in May, he was also experiencing emotional distress and applied for bail to undergo treatment. The ED, (Respondent No. 1), opposed his plea stating that there is a high risk he might flee the country, threaten prosecution witnesses, or tamper with evidence. The ED added that he could continue receiving treatment at a hospital of his choice while in custody.

Senior Advocate Abad Ponda for the applicant submitted that the applicant was eligible for bail under Section 45(1) of PMLA. He also submitted medical certificates issued by the specialists which states that Whipple’s surgery is not advisable until there is an improvement in the health status of the applicant. Hence, the applicant deserves to be enlarged on bail.

The court noted that the applicant was initially granted interim bail in May for two months, which was then extended twice. The applicant has duodenum cancer, where the recommended treatment, Whipple’s surgery, poses a high risk of morbidity and mortality due to their current medical complexities. Additionally, the recent passing of the applicant’s wife has contributed to their emotional distress, according to medical experts.

The court determined that the applicant meets the criteria under section 45(1) of the PMLA and granted the applicant absolute interim bail.

Case Details: Naresh Goyal Vs. Directorate of Enforcement and Anr. Bail Application No. 2494 OF 2024

Advocate for the Petitioner: Sr. Advocate Abad Ponda, Ameet Naik, Abhishek Kale, Yugandhara Jha, Vivek Raja, Harish Khedkar, Aditya Ajgaonkar, Nevil Chopra, Robecca Singh, Antara Kulkarni i/by Naik Naik and Co

Advocate for the Respondent: H.S.Venegavkar with Aayush Kedia, for Respondent No.1. H.J.Dedhia, APP for State.