Enforcement Directorate moves Delhi HC challenging Supertech's RK Arora interim bail order

New Delhi [India], January 18 : Enforcement Directorate on Thursday moved Delhi High Court challenging 30 days interim bail granted to Supertech's chairman and Promoter R K Arora on medical and health grounds by the Trial Court.
RK Arora was arrested in June month last year in connection with a money laundering case.
On January 16, 2024, Patiala House Court granted him bail stating that the Supreme Court has recognized the right of the accused to obtain the treatment even from a private hospital at his own cost and expenditure.
"It is a matter of fact that the government institutions/Super Specialty hospitals are already overburdened. The over-burdened government medical institutions/ Super Specialty Hospitals are not required to be directed to prepone the date of surgery of the applicant/accused at the cost of other citizens/patients who have already obtained the said date in advance," said the trial Court.
The Trial Court Judge Devender Kumar Jangala granted bail on a personal bail bond of one lac and two like amount surety. Recently, Arora moved interim bail citing health grounds that he had lost 10 kg weight in custody.
Earlier, 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 this date, the applicant is not only sick but the sickness has also resulted in an infirmity.
He has lost 10 kg 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.
Arora in interim bail plea stated that he was referred by the Jail authorities to 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/ 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 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, stated 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 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 alongwith Mohd Faizan have appeared in the matter before the court.
The Enforcement Directorate (ED) has filed a prosecution complaint (chargesheet) 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 and 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.