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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

Osama Bin Laden is reborn in Owaisi! Nitesh Rane once again strongly criticizes AIMIM leader Asaduddin Owaisi

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Mumbai: Maharashtra Minister Nitesh Rane once again criticized All India Majlis-e-Ittehadul Muslimeen chief Asaduddin Owaisi, who had earlier called him equal to Osama bin Laden, but now he said that Osama bin Laden has been reborn in Asaduddin Owaisi, and that is why he has such ideas. There is no place for those who reflect such ideas in India. He showed venom in the case of Nida Khan and said that AIMIM had supported Nida Khan, but now as the facts have been exposed, AIMIM has also been exposed. Nitesh Rane, while describing India as a Hindu nation, said that this is a country of gods and goddesses. If someone does not accept Vande Mataram, then he should take his beard and round cap and go to his father’s Pakistan because they will not be tolerated in India. He said that could these people support India while living in Pakistan? Only these people do such things while living in India. Even after comparing Owaisi to Osama bin Laden, Nitesh Rane is sticking to his stance, and Rane has even declared AIMIM a terrorist organization.

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Maharashtra

Instead of increasing parking fees by 40%, BMC should focus on affordable parking and traffic discipline, Raees Sheikh writes to Mumbai Municipal Commissioner

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Mumbai: As the Mumbai Municipal Corporation prepares to hike parking fees by 40 per cent, Samajwadi Party MLA from Bhiwandi East Raees Sheikh has written to Municipal Commissioner Ashwini Bhide, requesting him to review the current parking policy before increasing the fees and revive the defunct Mumbai Parking Authority (MPA). MLA Sheikh has demanded in the letter that the municipality should focus on improving traffic discipline and affordable parking instead of considering parking as a source of revenue generation. In his letter to the commissioner, MLA Raees Sheikh said that before making any changes in parking fees, a comprehensive review of the current parking policy and its implementation should be conducted. Citizens are facing many challenges due to inadequate parking infrastructure, uncontrolled parking on roads, lack of proper enforcement and irregularity of organized parking spaces. Before increasing parking fees, attention should be paid to making parking facilities affordable, transparent and accessible to the common citizen. MLA Raees Sheikh said that increasing fees without proper improvements in infrastructure and management can put unnecessary financial burden on residents, middle-class families, office workers and small traders. Stressing the need for strict enforcement of ‘no parking’ rules in the city, Raees Sheikh explained that traffic congestion due to illegal parking on roads, footpaths and squares is adding to the inconvenience of both pedestrians and motorists. Instead of just increasing parking fees, strict enforcement with better planning and digital monitoring system will help improve traffic discipline. The inefficient Mumbai Parking Authority should be revived so that parking management in the city is handled through a dedicated and accountable mechanism. MLA Raees Sheikh, in a letter to Commissioner Ashwini Bhide, suggested that a special authority could undertake scientific planning, formulate uniform parking policies, coordinate with the traffic police and transport departments and ensure a long-term solution to the growing number of vehicles in Mumbai.

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Maharashtra

Shocking Video! Man Gets Trapped Between Train & Platform At Andheri Station; Commuters Panic

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Mumbai: A disturbing video has surfaced from Andheri railway station showing a man trapped between a local train and the platform, triggering panic among commuters as bystanders rushed to rescue him.

According to a video shared by ‘Duniya Ke Khalesh’, the man was seen wedged in the narrow gap between the train and the platform. While the lower half of his body appeared to be under the train, his upper body and torso were stuck in the gap, with the man lying face-up as people gathered around in shock.

The visuals show the train standing still, indicating that the motorman had likely been alerted to the situation in time. Blood stains were also visible on the platform, reportedly after the man struck his head during the incident.

In the video, the man can be seen desperately attempting to pull himself free while commuters and railway staff cautiously try to rescue him without causing further injuries. Several people are seen coordinating efforts to slowly pull him out from the gap as panic spread across the platform.

No official statement regarding the incident or the condition of the man had been issued by authorities till the time of going to press.

This story comes to light a week after a man was spotted dead under a Mumbai local train, triggering panic and chaos among commuters at the station. The incident reportedly took place at around 12.05 pm.

According to a post shared by the ‘Mirabhyandarofficial’ page on Instagram, the man allegedly came under the local train at the station. Visuals from the spot show the lifeless body of the man under the train with only his legs visible. Visuals also show shocked commuters gathered around the platform.

Incidents like these once again highlight the dangers associated with crossing railway tracks or attempting risky acts near moving trains. Railway authorities have repeatedly urged commuters to remain cautious and follow safety rules while travelling on the suburban railway network.

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