Nawab Malik bail matter: Bombay High Court posts hearing for Feb 21

The Bombay High Court on Tuesday asked if NCP leader Nawab Malik is a sick person as defined under the provisions of the Prevention of Money Laundering Act PMLA and hence would be entitled to bailA single bench of Justice M S Karnik while posting the former Maharashtra ministers bail plea for hearing on February 21 also said that his lawyers would have to first satisfy the court that Malik is unwell and hence has sought bail on medical groundsMalik was arrested on February 23 2022 under provisions of the PMLA by the Enforcement Directorate ED in connection with a probe linked to the activities of fugitive gangster Dawood Ibrahim and his aidesIf I am not satisfied on medical grounds then you Malik will have to wait for your turn for the bail plea to be heard on merits There are many other urgent matters on board Tomorrow I dont want anyone to say anything Justice Karnik saidThe bench also asked Maliks counsel Amit Desai and Additional Solicitor General ASG Anil Singh appearing for the ED to argue on the point of who is a sick person as per the provisions of the antimoney laundering actSection 45 of the PMLA lays down twin conditions reasonable grounds to believe the accused is not prima facie guilty of the offence and the accused shall not commit any offence while on bail for granting bail These conditions are to be ascertained by the courtAlso Read Delhi HC seeks stand of Sharjeel Imam others on police challenge to dischargeThe twin conditions would not apply if the accused is below 16 years or is a woman or is sick or infirm and then he or she may be released on bailI have some questions on this as many matters are now coming up where the person accused says grant me bail as I am sick So I want to know who is a sick person I want you to argue on this sick person who will be a sick personIf I am satisfied that the applicant in the present case Malik is a sick person then the twin conditions wont apply But if I am of the opinion that he is not a sick person or is being treated well while in judicial custody then his bail plea would be heard later on merits Justice Karnik saidASG Singh said he would submit to the court that Malik was not a sick person and hence the twin conditions of the Act would apply and he cannot be released on bailDesai referred to the judgment passed by Justice Karnik while granting bail to Anil Deshmukh the former Maharashtra home ministerIn the Anil Deshmukh matter this court passed the order on medical grounds and merits Desai saidThe bench said it would hear arguments on Maliks plea on February 21Deshmukh was granted bail on December 12 2022 by Justice M S Karnik in the corruption case registered by the Central Bureau of InvestigationIn May 2022 the special court designated to hear cases related to PMLA refused to grant bail to Malik on medical grounds but permitted him to get admitted to a private hospital for treatmentThe 62yearold politician approached the HC on November 30He is in judicial custody and currently undergoing treatment at a private hospital in MumbaiThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever