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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. 

Entertainment

Bigg Boss fame Ajaz Khan polls fewer votes than even NOTA in Versova

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Ajaz Khan, the Bigg Boss fame actor-turned-politician, suffered an embarrassing defeat in the Maharashtra Assembly elections, where he polled just 155 from the Versova constituency. Remarkably, even the NOTA (None of the Above) option has outperformed him, securing 1,298 votes.

Fielded by Chandrashekhar Azad’s Azad Samaj Party (Kanshi Ram), Ajaz Khan failed to translate his social media popularity – a staggering 5.6 million Instagram followers – into votes.

His political debut at the state level appears to have fallen flat, much like his earlier foray into the Lok Sabha elections. Khan had contested from the Mumbai North Central seat during the general elections but failed to make an impact there as well.

The Versova constituency, meanwhile, witnessed a fierce contest between Haroon Khan of the Shiv Sena (UBT) and Bharati Lavekar of the BJP. Haroon Khan, however, won the seat with a margin of over 1,600 votes.

While Ajaz Khan has struggled to breach even the 150-vote mark, the Mahayuti alliance is surging towards a dominant victory across the state, projected to win over 221 seats. In contrast, the Maha Vikas Aghadi (MVA), comprising Congress, Shiv Sena (UBT), and Sharad Pawar’s NCP faction, appears headed for a humiliating defeat.

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Maharashtra

‘This Is Landslide Victory. I Thank My Ladli Behnas And Kisans…’: CM Shinde On Mahayuti’s Massive Win In Maharashtra 

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In a statement to the media, Shinde said, “I thank the voters of Maharashtra. This is a landslide victory. I had said before that Mahayuti will get a thumping victory. I thank all sections of the society. I thank my ladali behnas and kisans. I also thank all the workers of the Mahayuti parties. “

Meanwhile, the Bharatiya Janata Party is likely to hold the Maharashtra Legislative Party meeting on November 25 and the oath-taking ceremony on 26,

A larger meeting of the Yuti alliance is also likely to be held around the same time. 

This comes after the BJP-led Mahayuti alliance in Maharashtra crossed the crucial majority mark, as per the Election Commission data around 11 am. It is securing a lead in 220 seats and is likely heading towards a landslide victory. Celebrations have already begun at the BJP’s Mumbai office.

Shiv Sena MP Shrikant Shinde said, “As we had expected, we have got very good numbers. I thank all the voters who stood behind Mahayuti and gave this landslide victory…”

Shiv Sena leader Naresh Mhaske said, “Maharashtra of government has expressed its faith in Mahayuti. The public is seeing what is happening to Uddhav Thackeray’s Shiv Sena today. The people have stated that Eknath Shinde is the one who is capable of leading Balasaheb Thackeray’s Shiv Sena…By way of their votes, the public has slapped a slipper on the face of Sanjay Raut. I am a Shiv Sena worker and I think that Eknath Shinde should be the chief minister…”

Early trends as per ECI

As per the initial results, the Mahayuti alliance is leading in 220 seats, with the Bharatiya Janata Party (BJP) leading in 128 seats, driving the charge in Maharashtra. The Eknath Shinde-led Shiv Sena (SHS) follows closely with 55 seats. The Nationalist Congress Party (NCP), led by Maharashtra Deputy CM Ajit Pawar, is leading in 35 seats, while the Rashtriya Yuva Swabhiman Party (RSHYVSWBHM) is leading in 2 seats.

Meanwhile, the Maha Vikas Aghadi (MVA) is trailing, with a lead in 51 seats. The Indian National Congress (INC), part of the MVA, is leading in 20 seats. The Shiv Sena (Uddhav Balasaheb Thackeray) leading in 16 seats, and the Nationalist Congress Party – Sharadchandra Pawar (NCP-SP) is leading in 13 seats. The Samajwadi Party (SP) too is in the lead at 2 seats.

In addition, the All India Majlis-E-Ittehadul Muslimeen (AIMIM), Jan Surajya Shakti (JSS), and Peasants And Workers Party of India (PWPI) are all leading in 2 seats each.

Other minor parties, including Swatantra Bharat Paksha (STBP), Indian Secular Largest Assembly of Maharashtra (DISECL), CPI(M), Bahujan Vikas Aaghadi (BVA), and Rajarshi Shahu Vikas Aghadi (RSVA) are leading in 1 seat each. Additionally, 5 independent candidates (IND) are leading in their respective constituencies.

As the Sena-BJP-NCP celebrate all eyes will now be on who will assume the post of CM of the state.

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Maharashtra

Maharashtra Election Results 2024: UBT’s Sanjay Raut Cries Conspiracy, Says ‘This Can’t Be Decision Of People Of State’

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Maharashtra Election Results 2024: UBT's Sanjay Raut Cries Conspiracy, Says 'This Can't Be Decision Of People Of State'

The early trends as of 10:30 AM indicate a landslide victory for the BJP-led Mahayuti government in the Maharashtra Assembly elections. Shiv Sena (UBT) leader and Rajya Sabha MP Sanjay Raut has responded to the early trends showing Maha Vikas Aghadi’s (MVA) massive defeat in Maharashtra.

Speaking to the media amid ongoing counting, Raut said, ‘This cannot be the decision of the people of Maharashtra. We know what the people of Maharashtra want.’

‘From what we are seeing, it seems that something is wrong. This was not the decision of the public. Everyone will understand what is wrong here. What did they (Mahayuti) do that they are getting more than 120 seats? How is it that MVA is not even getting 75 seats in Maharashtra?’ Raut said.

Rejecting the trends, Raut said that his party has faith in the people of Maharashtra. “They have done some ‘gadbad,’ they have stolen some of our seats…This cannot be the public’s decision. Even the public does not agree with these results. Once the results are out, we will talk more. In every election seat, money-counting machines were installed. Is it possible that Shinde gets 60 seats, Ajit Pawar gets 40 seats, and BJP gets 125 seats? The people of this state are not dishonest. We have faith in the people of Maharashtra,” he said.

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