Delhi court extends interim bail of Supertech's RK Arora by 30 days on health grounds

Feb 16, 2024

New Delhi [India], February 16 : The Patiala House Court of Delhi on Friday extended the interim bail granted to Supertech's chairman and promoter, RK Arora, by 30 days on medical and health grounds.
RK Arora was arrested in June of last year in relation to a money laundering case.
Additional Sessions Judge Devender Kumar Jangala, while passing an order on Friday, stated that the medical reports of the accused furnished on record are duly supported by the diagnostic report and its genuineness is not disputed.
The applicant/accused, Ram Kishor Arora, is stated to have been admitted to the Kailash Hospital and Heart Institute since February 6, 2024, and is undergoing a pre-anesthesia checkup (PAC) evaluation before undergoing conical surgery for his spine ailment.
Though it is argued on behalf of the Enforcement Directorate that the investigation of the case is still going on and the extension of interim bail shall amount to granting an opportunity to the applicant or accused to tamper with the evidence and extend threats to the home buyers, the Court noted.
No instance of misuse of the interim bail granted vide order dated January 16, 2024, by the applicant/accused has been reported by the Enforcement Directorate.
In the absence of any proof of misuse of interim bail by the applicant/accused, the contention raised on behalf of the Enforcement Directorate is baseless.
The medical report/diagnostic report and continued medical treatment record from the date of release on interim medical bail until the filing of the present application are also sufficient to rebut the contentions of misuse raised by Special Counsel for ED, said the Court.
Earlier on January 16, 2024, the trial court granted bail to Arora on a personal bail bond of one lac and two-like amount surety.
Earlier, Arora, in his interim bail plea, stated that he was referred by the jail authorities to the Government Hospital, Dr Ram Manohar Lohia Hospital, wherein the applicant was examined and prescribed various treatments.
However, it has been observed by the concerned doctors at Dr Ram Manohar Lohia Hospital that the applicant or accused is not showing signs of improvement.
The applicant is immediately required to be released on interim bail to ensure that his ailments are accurately diagnosed and that effective and adequate medical treatment is provided to him urgently.
In case the applicant's health is compromised further while in custody, he and his family will suffer intolerable and irreparable consequences, as stated in the plea.
Plea further submitted that prisons provide medical facilities but the services are not comparable to or equivalent to the level of treatment and care one can avail from private hospitals.
The facilities in the jail are of a general nature and character, which is inadequate to monitor the proper health of the applicant, who is suffering from multiple serious ailments. The jail is not equipped to provide the special and intensive treatment and care that the applicant is in need of.
According to the Enforcement Directorate Supertech's Chairman, RK Arora 23 FIRs were registered by the Economic Offences Wing (EOW), Delhi Police, Haryana Police and UP Police against Supertech Limited and its group companies under Section 120B (criminal conspiracy) read with 406 (criminal breach of trust)/420 (cheating)/467/471 IPC having allegations of cheating at least 670 home buyers for an amount of Rs 164 crore.
ED also alleged that the amount collected by Supertech Ltd. was diverted to their group companies for the purchase of properties, with the company with land having much lesser value.
ED alleged that the accused persons have acquired properties, and made illegal/wrongful gain arising out of the said proceeds of crime by involving, indulging and commissioning criminal activities related to scheduled offences.
It is stated that the prima facie case for the commission of an offence punishable under Section 3 punishable under Section 4 of the PML Act has been made.