Introduction
A Delhi court has granted bail to Nitin Johri, the former Chief Financial Officer (CFO) of Bhushan Steel, in connection with a money laundering case tied to a significant bank loan fraud. Johri, who has been battling serious health issues, was granted bail on medical grounds. This decision comes after a detailed consideration of his health status and the arguments presented by both the defense and the prosecution.
Background of the Case
Nitin Johri was arrested by the Enforcement Directorate (ED) in January 2024 as part of an investigation into the alleged ₹56,000 crore bank loan fraud involving Bhushan Steel. The ED's probe revealed substantial financial irregularities, leading to Johri's arrest. Following his arrest, Johri was diagnosed with cancer and underwent surgery, significantly impacting his health condition.
Health Considerations
Johri's bail application was heavily based on his deteriorating health. After undergoing surgery to remove a cancerous kidney, he was left with only one functional kidney, which subsequently developed chronic kidney disease. This condition severely impaired his overall health, necessitating frequent and specialized medical treatment. Johri argued that his health condition required constant monitoring and care, which was challenging to receive in a jail environment.
Court's Decision
On July 12, Special Judge (PC Act) Jagdish Kumar of the Rouse Avenue Court granted bail to Johri, acknowledging his status as sick and infirm. The judge highlighted that Johri required urgent and continuous medical attention, which the jail hospital could not adequately provide. The court took into account the extended wait times for medical tests and treatments that Johri would face while in custody, further justifying the need for his release on bail.
Defense and Prosecution Arguments
Johri's defense, led by Senior Advocate Pramod Kumar Dubey, emphasized that Johri was merely a salaried employee of Bhushan Steel and did not benefit directly from the proceeds of the alleged crime. The defense underscored Johri's critical health condition and the necessity for specialized medical care that could not be met in prison.
On the other hand, the ED opposed the bail plea, arguing that Johri's medical needs could be managed within the jail hospital. They referenced a second medical opinion from AIIMS, which suggested that Johri's treatment could continue in the prison facility. The prosecution expressed concerns about the potential risk of Johri influencing the ongoing investigation if released on bail.
Court's Rationale
The court's decision to grant bail was primarily driven by humanitarian considerations. The judge acknowledged the gravity of Johri's health issues and the potential risks posed by inadequate medical care in custody. The ruling emphasized that Johri's condition placed him in a vulnerable category, necessitating his release to ensure he received the necessary medical treatment promptly.
Conclusion
Nitin Johri's release on bail marks a significant development in the ongoing investigation into the Bhushan Steel bank loan fraud case. The court's decision reflects a careful balance between legal principles and humanitarian concerns, prioritizing the accused's health while allowing the investigation to proceed. This case underscores the judiciary's responsibility to consider the well-being of individuals in custody, especially those with severe health conditions, while ensuring that justice is served.
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