Delhi Court grants interim bail to Supertech's RK Arora for 30 days on health grounds
Jan 16, 2024
New Delhi [India], January 16 : The Patiala House Court of Delhi on Tuesday granted interim bail for 30 days to Supertech's chairman and promoter, RK Arora, on medical and health grounds.
RK Arora was arrested in June of last year in relation to a money laundering case.
The Additional Sessions Judge Devender Kumar Jangala granted bail on a personal bail bond of one lakh and two lakh as surety.
Recently, Arora moved for interim bail citing health grounds that he had lost 10 kg in custody.
Advocate Tanveer Ahmad Mir, who appeared for RK Arora during arguments, sought direction to release the applicant on interim bail on medical grounds, stating that he is inflicted with such ailments for which interim bail is required.
The medical reports show that, as of date, the applicant is not only sick but the sickness has also resulted in an infirmity.
"He has lost 10 kg of weight within 5 months of his custody. RML doctors have confirmed that there are problems in three areas of the spine and he is required to undergo surgery. The government hospital has granted a long date for reasons only known to them," he added.
The lawyer for Arora also argued that the Supreme Court recognises the right to seek treatment from any private hospital of his choice at his own expense.Once a person is detained, all his rights are maintained except for liberty, which is curtailed.
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.
Earlier, the trial court took cognizance of the prosecution complaint (chargesheet) filed by the Enforcement Directorate (ED) against him and others and also issued summons to all accused named in the chargesheet and firms through their representatives.
ED's Special Public Prosecutors Naveen Kumar Matta, Manish Jain and Mohd Faizan have appeared in the matter before the court.
The Enforcement Directorate (ED) has filed a prosecution complaint (charge sheet) against Supertech's Chairman, RK Arora, in relation to a money laundering case in Delhi's Patiala House Court. Arora was arrested on June 27 under the criminal sections of the Prevention of Money Laundering Act (PMLA).
Earlier, ED apprised the court that 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 or 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.