Serious illness justifies bail: High Court in money laundering case

Kolkata: Observing that serious illness justifies bail, the Calcutta High Court has granted interim bail to a former chairman of UCO Bank, Subodh Kumar Goel, arrested by the Enforcement Directorate (ED) in connection with a money laundering probe, citing his severe health condition.

Goel was taken into custody from his residence in New Delhi on May 16 and brought to Kolkata on transit remand. He was produced before the City Sessions Court the following day and remanded to ED custody. Subsequently, he sought bail on medical grounds, stating that he suffers from spinocerebellar ataxia type 12, a rare genetic neuro-degenerative disorder that has progressively worsened since his diagnosis in 2018.

Pursuant to a court directive, a medical board comprising five senior doctors from IPGMER and SSKM’s Bangur Institute of Neurosciences examined Goel on August 5.

The board reported that he suffers from severe physical and cognitive disabilities, requires assistance for all basic activities, and needs continuous medical care. He also has diabetes, hypertension and recurrent syncope, necessitating prolonged medical management. The ED opposed the bail plea, arguing that the petitioner was receiving appropriate treatment in custody and that his illness, though incurable, was not life-threatening. The agency further contended that releasing him at the pre-cognizance stage of proceedings could prejudice the trial.

The bench of Justice Suvra Ghosh observed that while not all ailments entitle an accused to bail, the seriousness of Goel’s condition and the level of assistance he required made it difficult for authorities to provide adequate care in custody. The court noted that his case was distinguishable from those where treatment was possible in jail facilities.

Granting interim bail till November 15, the court directed Goel to furnish a bond of Rs 10,000 with two sureties, one of whom must be local. He must remain within the jurisdiction of the trial court, share his residential address with the authorities, and attend proceedings either physically if his health permits or virtually through counsel. He has been barred from tampering with evidence or contacting witnesses and must provide his mobile number to the ED.

The matter will be reviewed in November when both sides are to submit status reports.