Final Order 3

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. SUDHANSHU KAUSHIK :
ADDL. SESSIONS JUDGE-06 : NEW DELHI DISTRICT) :
PATIALA HOUSE COURTS : NEW DELHI
In the matter of :
Bail Application No.54/2024
FIR No.53/2016
State Vs Ashok Goel
U/s 420, 409, 467, 468, 471, 406, 120B IPC
PS Barakhamba Road
19.01.2023
This is bail application filed on behalf of accused Ashok Goel under
Section 439 Cr.P.C.
Present: Sh. S.K.Kain, Addl. PP for State.
Sh. O.N.Sharma, Counsel for applicant/accused Ashok Goel.
1) By means of present application, applicant seeks directions that he
may be either admitted on regular bail or in alternative, interim bail
on medical grounds.
2) Arguments heard.
3) Counsel for the applicant/accused has argued that applicant is
innocent and he has been falsely implicated in the present case. He
has contended that applicant was arrested on 23.08.2023 and no
purpose would be served by keeping him further detained in
custody. He has mentioned that investigation in the matter already
stands concluded and charge-sheet has been put to the court. He has
mentioned that prosecution has given criminal colour to a civil
dispute. He has contended that applicant was the Director of M/s
Jaipuria Buildcon Pvt. Ltd. but the management of the company has
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ceased to exit vide the order passed by the NCLT. He has mentioned
that Insolvency Resolution Person (IRP) has been appointed and the
accounts of the company have been frozen. He has mentioned that
the interest of the complainant is well guarded and the same is
being considered by IRP. He has argued that applicant is seriously
ill and he remained admitted in the jail hospital. He mentioned that
co-accused Vandana Goel, who is the wife of the applicant, has
already been released on bail. He mentioned that applicant was
wrongly declared to be an absconder. He has contended that
applicant is around 64 years of age and is suffering from various
heart ailments. He mentioned that applicant undertakes to abide by
any conditions that may be imposed by the court. He has contended
that keeping the applicant further detained in custody would amount
to pre-trial punishment. On the force of these submissions, counsel
has prayed that applicant may be released on bail. In support of his
submissions, counsel has relied on the judgments in “Sanjay
Chandra Vs CBI” (2012) 1 SCC 40, “State of Rajasthan Vs
Balchand” (1977) 3 SCC 308, “Rajasthan Vs Balchand” (1977) 4
SCC 308, “Gurcharan Singh Vs State (Delhi Admn.)” (1978) 1
SCC 118 and “Moti Ram Vs State of MP” (1978) 4 SCC 47.
4) Counsel for applicant has prayed that in case, the court is not
inclined to released the applicant on regular bail, he may be
considered to be released on interim bail on medical grounds. On
the said prayer of the counsel, report about the medical condition of
the applicant was called from the Jail Superintendent and the same
was submitted. Trial Court Record was also summoned.
5) Addl. Public Prosecutor has vehemently opposed the bail
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application mentioning that the applicant cheated general public to
the tune of Rs.70 to 80 crore on the false assurance of providing
them flats in Jaipuria Apartments. He has mentioned that it was
revealed during investigation that applicant has alloted the same
flats to multiple persons. He has argued that the FIR was registered
on the complaint of Axis Bank that it agreed to sanction home loan
to various purchasers in the group housing scheme of the applicant.
He has mentioned that on the assurance of the applicant, the bank
advanced loan to 95 intended buyers and took exposure of Rs.26.25
crore. He has contended that investigation further revealed that
some flats which were financed by Axis Bank have been financed
on multiple occasions by concealing the earlier allotment. He has
contended that there is material on record to show that applicant
siphoned off the money from the accounts of the company by
transferring the same to his personal account. He opposed the
prayer of interim bail mentioning that applicant is not suffering
from any serious ailment. He has contended that the jail authorities
have submitted report that the condition of the applicant is stable.
He has prayed for the dismissal of the application.
6) I have perused the record in the light of respective arguments.
7) It is the case of prosecution that applicant is one of the Directors of
M/s Jaipuria Buildcon Pvt. Ltd. It has been stated that the applicant,
through its company, assured Axis Bank that the residential units of
Jaipuria Apartments were free from any charge. By making the said
assurance, applicant convinced the bank to sanction financial
assistance to the home buyers and the bank advanced home loan
around 95 intended home buyers. It has been disclosed that it was
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revealed later on that applicant has allotted some of the flats to
multiple persons, who have taken financial assistance from other
banks. It is also alleged that applicant had procured huge amount of
Rs.72 to 80 crore from general public and financial institutions but
neither the project was handed over nor the amount was returned.
The investigation revealed that applicant has withdrawn a cash
amount of Rs.23 crore from the account of his company and has
also transferred a sum of Rs.7.78 crore to his personal account in
Vijaya Bank. Trial Court Record reveals that applicant initially
evaded the process of law and he was declared to be a proclaimed
offender. There is sufficient evidence to prima-facie indicate that
applicant siphoned off the money from the bank accounts of the
company and thereby cheated the banks as well as the intended
home buyers. However, at this stage, I refrain from further
commenting on the merits of the cases as the charges are yet to be
framed. Keeping in view the gravity of offence and taking note of
the cheated amount, at this stage, no case is made out for releasing
the applicant on regular bail.
8) Now, coming to the aspect of admitting the applicant on interim
bail. Counsel for the applicant has submitted that applicant is
seriously ill and he may be released on interim bail. Report on the
medical condition of the applicant was called from the Jail
Superintendent which revealed that on 09.01.2024, he was
examined at Safdargunj Hospital in view deranged blood sugar
level. He was advised certain tests and medicines were prescribed.
He has also been advised ultrasound which is stated to be scheduled
for 13.03.2024. It has been stated in the report that the angiography
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of the applicant is required to be performed and efforts are being
made to secure a date for the same. It has been submitted in the
medical report that the sugar level of the applicant is high and he is
being managed through medicines from the jail dispensary. On an
earlier occasion, report was forwarded that the blood sugar level
and the blood pressure of the applicant were high and he is
complaining of chest pain with ECG changes. It has been reported
that although, angiography was required to be performed but the
same could not be done on 15.01.2024. Although, the angiography
is just a diagnostic procedure but keeping in view the other medical
issues (high BP and high sugar), the same is required to be
performed on urgent basis. The applicant is stated to be around 64
years of age. The Constitution of India provides right to life which
has been enshrined under Article 21 of the Indian Constitution. It
provides for protection of life and personal liberty. Right to health is
also recognized as an important facet of Article 21 of the
Constitution. Merely because a person is an under trial or for that
mater even a convict, lodged in jail, this facet of right to life cannot
be curtailed. It remains an obligation of the state to provide
adequate and effective medical treatment to every person lodged in
jail, whether under trial or a convict. I am of the considered opinion
that proper and effective medical treatment is a right of every
individual and it includes the applicant. Prosecution has opposed
the application mentioning that there are serious allegations against
the applicant. No doubt, at the outset, the allegations leveled by the
prosecution are serious in nature but while considering the medical
condition of the applicant, the court is required to view the same
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with compassion. The detention during the period of investigation
and trial cannot be a punitive measure. If a person is sick and
unwell, he needs to be provided appropriate medical treatment at
the earliest to at least enable him to face the trial in accordance with
law. It is rather the constitutional obligation of this court to ensure
that adequate and proper treatment is provided to an inmate. In view
of the above-said discussions, I deem it fit to admit the applicant on
interim bail for a period of 15 days (to be counted from the date of
his release) to receive proper treatment at the earliest. Accordingly,
the application stands partially allowed subject to the following
conditions:
A) Applicant shall furnish a personal bond for a sum of Rs.50,000/-
with two sureties of the like amount;
B) Applicant shall get himself examined/treated at a hospital of his
choice and can have the opinion of any specialist within the
territory of National Capital Region;
C) Applicant shall not leave the country during the interim bail
period and surrender his passport to this court;
D) Applicant shall not indulge in any criminal activity during the
period of interim bail;
E) Applicant shall not communicate with co-accused or intimidate
or influence any of the prosecution witnesses or tamper with the
evidence;
F) Applicant shall surrender before the concerned Jail
Superintendent on or before the expiry of his interim bail.
9) In view of the above, the bail application stands disposed of. It is
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clarified that the interim bail has been granted for a limited period
on medical grounds on the peculiar facts & circumstances of the
present case. It is clarified that applicant shall undergo the requisite
tests including angiography and get necessary treatment
immediately after being released from custody. It may further be
noted that nothing herein stated shall tantamount to be an
expression on the merits of the case.
(Sudhanshu Kaushik)
Addl. Sessions Judge-06,
Patiala House Courts, New Delhi
19.01.2023
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