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Bombay High Court: ‘Can Nawab Malik be considered as sick person under PMLA to be released on bail?’

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Mumbai: Can the Nationalist Congress Party (NCP) leader Nawab Malik be considered as a sick person as defined under the provisions of the Prevention of Money Laundering Act (PMLA) and hence entitled to be released on bail? Asked the Bombay High Court on tuesday. 

Justice MS Karnik posed the question to Malik’s lawyers while hearing the bail plea filed by the NCP leader on medical grounds. 

Malik was arrested by the Enforcement Directorate (ED) on February 23, 2022 in an alleged money laundering case involving fugitive gangster Dawood Ibrahim for usurping a land at a price much below the market rate. 


“If not satisfied on medical grounds then wait,” says court

Justice Karnik said: “If 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 don’t want anyone to say anything.” 

The judge asked Malik’s counsel Amit Desai and Additional Solicitor General (ASG) Anil Singh, appearing for the ED, to first argue on who can be termed as a “sick person” as per the provisions of the PMLA.

The law

Section 45 of the PMLA lays down ‘twin conditions’ to be eligible to be released on bail – 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. The court has to ascertain whether these conditions are met while deciding on a bail plea. However, these twin conditions would not apply if the accused is below 16 years or is a woman or is sick or infirm. Then s/he is entitled to be released on bail.

“I 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 person,” said Justice Karnik. He further added: “If I am satisfied that the applicant in the present case (Malik) is a sick person then the twin conditions won’t 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.” 


Bail plea for hearing on February 21

ASG Singh said he would point out to the court that Malik was not a “sick person” and hence the twin conditions would be applicable while deciding his bail plea. 

However, Desai cited the order passed by Justice Karnik while granting bail to NCP leader and former home minister Anil Deshmukh wherein the bail order was passed on “medical grounds and merits”. 

The HC has kept the bail plea for hearing on February 21. 

The HC had granted bail to Deshmukh on December 12, 2022 in the corruption case registered by the Central Bureau of Investigation. 

Malik approached the HC last November after the special PMLA court rejected his bail plea. The special court, in May 2022, rejected his bail plea observing that prima facie there was evidence against him. The court, however, permitted Malik to get admitted in a private hospital for treatment. At present, he is in judicial custody and currently undergoing treatment at a private hospital in Mumbai. 

Maharashtra

Mumbai Weather Update: AQI At 183 In ‘Unhealthy’ Category As Temperature Hovers Around 27°C

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WETHER

Mumbai’s air quality deteriorated to the unhealthy category on Friday morning, even as the city witnessed clear and sunny weather, according to real-time air quality monitoring data updated at 8.30 am. As per aqi.in, the Air Quality Index (AQI) stood at 183, placing it well within the unhealthy range and raising concerns for vulnerable groups across the city.

Data showed PM2.5 levels at 100 micrograms per cubic metre and PM10 levels at 130 micrograms, both well above safe limits prescribed by health authorities. Elevated particulate matter is known to penetrate deep into the lungs, posing serious health risks, especially to children, the elderly and those with respiratory or cardiac conditions.

Other pollutants, including carbon monoxide at 266 parts per billion, nitrogen dioxide at 16 ppb, ozone at 14 ppb and sulphur dioxide at 7 ppb, remained within controlled limits. However, high particulate matter alone is sufficient to cause breathing discomfort and eye irritation.

The city recorded a temperature of 26 to 27 degrees Celsius, with humidity around 54 per cent and wind speed at nearly 16 kmph. While the weather remained pleasant with no rainfall forecast, the atmospheric conditions failed to prevent the accumulation of fine dust particles in the lower air layers.

The seven-day outlook shows maximum temperatures ranging between 28 and 31 degrees Celsius, with clear skies continuing through the week. Despite the sunshine, pollution levels are expected to remain volatile due to vehicular emissions, construction dust and seasonal factors.

Doctors advise residents to limit prolonged outdoor exposure, especially during morning and late evening hours when pollution concentration tends to be higher. People experiencing coughing, throat irritation or breathlessness are urged to seek medical attention immediately. Use of masks, air purifiers indoors and adequate hydration has been strongly recommended.

Environmental groups have once again urged civic authorities to intensify road dust control, monitor construction activity strictly and regulate traffic emissions. Citizens are also being encouraged to use public transport and avoid unnecessary vehicular travel during peak hours.

With winter setting in, experts warn that Mumbai may witness more frequent unhealthy air days unless immediate mitigation steps are implemented.

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Maharashtra

Mumbai: Crime Branch raids travel agency… Fraud in the name of sending abroad illegally, police action, case registered

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Mumbai: Several travel agencies in Mumbai’s Nagpara area are defrauding people under the guise of sending them abroad. Such a complaint was received by the Mumbai Police Crime Branch. These agencies do not have any permission from the Ministry of External Affairs and they charge huge amounts of money from people in the name of sending them abroad for jobs. Under the influence of the Ministry of External Affairs, the Protector of Emigrants, Bandra, in collaboration with the Mumbai Crime Branch unit, conducted a joint operation. A raid was conducted on 9 offices in KD Building, Nagpara, which were working to send them abroad without any permission. A complaint was also received regarding them. 238 passports, several documents, offer letters, visiting cards, letters used for foreign use and other documents were also recovered from their offices. The police have registered a case against them under the Passport Act, including the Immigration Act, in Nagpara. The police are investigating the matter further. This operation was carried out by DCP Raj Tilak Roshan on the instructions of Mumbai Police Commissioner Deven Bharti.

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Maharashtra

10 years imprisonment for sexually assaulting a girl at Kasturba police station

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Mumbai: The court has convicted the accused in the case of sexual abuse of a girl under the limits of Kasturba police station. A case of sexual abuse was registered against the accused Naresh Kumar Harish Kumar 44 under the Pisco Act. The accused has been sentenced to 10 years in prison and a fine of Rs 2000, otherwise three months in prison by the Dandoshi court in this case. The accused has been convicted due to the better investigation of this case. Kasturba police had filed a charge sheet in this case after investigation and now the punishment has been given in this case.

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