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Special Judge Jagdish Kumar held, “The investigation in the present case has already been completed. There is no allegations that applicant has not co-operated in the investigation”.
The Rouse Avenue Court, recently, granted bail to Nitin Johri, who was accused in the Bhushan Steel money laundering case involving an alleged ₹56,000 crore bank loan fraud. Johri, the former Chief Financial Officer (CFO) of Bhushan Steel, was arrested by the Enforcement Directorate (ED) in January 2024.
Nitin Johari asserted that he was merely a salaried employee and had not received any proceeds of crime. He contended that his health deteriorated in jail, and he fell under the category of sick and infirm as defined by Section 45 of the PMLA. It was argued that the twin conditions for bail were not applicable in this case.
Furthermore, Nitin Johari contended that he now has only one functional kidney and developed chronic kidney disease, requiring regular monitoring due to high serum creatinine levels. He was a chronic diabetic for over three decades and faced high risks of kidney failure and cancer relapse. Nitin Johari's health worsened in jail due to inadequate medical treatment and diet.
He asserted that he requires regular clinical examinations to prevent his condition from becoming life-threatening. Immunotherapy treatment was necessary to prevent cancer relapse but needed constant monitoring to manage side effects. Nitin Johari argued that such treatment could not be adequately provided in jail.
The ED stated that Nitin Johari's contentions were false and baseless. It was argued that the application lacked merit and should be dismissed. Furthermore, the complainant responded that the bail application contained factual inaccuracies and was an attempt to abuse the legal process to obstruct the effective investigation of the ECIR case.
Additionally, ED submitted that Nitin Johari posed a flight risk and there was a grave concern that he would tamper with evidence and influence witnesses if released on bail. It was argued that Nitin Johari failed to meet the triple test for granting bail, and thus, his bail application deserved dismissal.
The court noted the medical report of Nitin Johari indicated that he did not undergo a laparoscopic right radical nephrectomy (kidney removal surgery). Consequently, Nitin Johari had only one functional kidney. This sole kidney had developed chronic kidney disease (CKD) at stage 3.
The court further recorded the medical report from AIIMS which noted that Nitin Johari experienced lower urinary symptoms due to benign prostatic hyperplasia (BPH), for which he was receiving medication.
Additionally, the report from AIIMS revealed that Nitin Johari had other comorbidities, including diabetes and elevated creatinine levels. Nitin Johari also had a genetic predisposition to cancer and kidney failure, with both parents having died of cancer and his father having been on dialysis for eight years.
The court, therefore, concluded, “All above discussed facts and circumstances, shows that applicant falls in the category of sick and infirm persons”.
The court opined that the investigation in the case had already been completed, and there were no allegations of non-cooperation from Nitin Johari. He had joined the investigation despite being hospitalized and against medical advice. The court further added, “Most of the evidence are of documentary in nature and there is no apprehension of tempering with the documents. There is also no apprehension that applicant is in the position to threaten the witnesses or tempering with the evidence”.
Accordingly, the court granted bail.
Case Title: Directorate of Enforcement v Neeraj Singal
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