06 May 2024 Bail and Antcipatory Bail >> Criminal Law   |   Prevention Of Money Laundering Act >> Criminal Law  

Naresh Goyal, accused of money laundering offenses, has been granted bail by the court. The decision comes on the grounds of his and his wife's critical health conditions.

Background:

Goyal, diagnosed with duodenal cancer, and his wife, Anita, battling advanced-stage cancer, formed the crux of the bail application. Their lawyer argued for bail under a provision in the Prevention of Money Laundering Act (PMLA) that allows for such in cases of severe illness. The prosecution countered the plea, stating that Goyal receives proper medical attention within the jail facility.

Conclusion:

However, the court acknowledged that the level of medical care available to an under-trial prisoner differs significantly from what a free citizen can access. Considering both Goyal's age and the severity of the illnesses, the court ruled in favor of granting bail under the PMLA proviso. While granting bail, the court imposed strict conditions. Goyal must:

• Furnish a surety of Rs. 1 lakh.
• Remain within the jurisdiction of Greater Mumbai.
• Surrender his passport.
• Provide contact details and refrain from tampering with evidence or contacting witnesses.
• Abstain from engaging in similar activities or communicating with co-accused.

Failure to comply with any of these conditions will lead to the cancellation of bail.

Next Steps:

The court's decision is solely concerned with the bail application and doesn't make any judgment on the merits of the money laundering case itself. Goyal's lawyer has requested time to arrange the bail bond and sought continued hospitalization until the formalities are completed.

  Prevention of Corruption Act, 1988    PREVENTION OF MONEY LAUNDERING ACT, 2002