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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

Three arrested in theft at Sewri Jain temple; police track down accused even after damaging CCTV

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Mumbai: The police have claimed to have arrested three masked robbers who ransacked a Jain temple in the limits of the Sewri RA Kadwai Marg police station. On April 22 at 2 am, three unidentified robbers broke the lock of the Jain temple and entered the temple. They stole the idol’s ornaments – gold tikka, gold kapati, silver mace, donation box worth a total of more than Rs 7 lakh and cash and fled.

During the theft, the unidentified robbers had damaged the CCTV camera and video footage and had also cut its wires, so it was difficult to find them, but the police team examined more than 70 CCTV footage at 29 places in the area, in which these accused were identified. The accused had covered their faces with a handkerchief so that they could not be identified. However, using technology, the police arrested the three thieves, Sunil Singh Suraj Singh, Rahul Singh Parveen Singh, and Jagar Dinesh Singh Vaghela. The stolen goods and equipment have been recovered from the possession of the accused. This operation was carried out under the leadership of Mumbai Police Commissioner Deven Bharti on the instructions of Joint Commissioner of Police Satyanarayan Chaudhary and DCP Ragasudha.

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Maharashtra

SP leader Raees Sheikh writes to Union Railway Minister Ashwini Vishnu demanding special trains for UP and Bihar

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Mumbai: In the wake of the unavailability of train tickets for North Indians from Uttar Pradesh and Bihar, Samajwadi Party legislator Raees Sheikh on Saturday demanded that the Railways run special trains from Mumbai to these states. Sheikh made the demand after images of crowding of people on train tracks and railway platforms and lack of basic civic amenities went viral on social media. A large number of people from the North Indian community are upset due to the lack of proper train services.

In his letter to Railway Minister Ashwini Vishnu, Sheikh said that railway stations like Bandra Terminus, Lokmanya Tilak Terminus (LTT) and Dadar are crowded with passengers for tickets. A large number of North Indians travel to Uttar Pradesh and Bihar during the summer, which coincides with the wedding season. Lack of sufficient trains and resulting overcrowding are causing severe hardship to the North Indian community in Mumbai, said MLA Raees Sheikh, who demanded that the Railways immediately run special trains from Mumbai to Gorakhpur, Patna and other places in Purvanchal, departing from Bandra, LTT and CST stations. Sheikh added, “The Railways should also set up proper help desks and GRP assistance booths at major stations in Mumbai to manage the crowd and assist passengers.” He further stressed on the need to add additional general and sleeper coaches in all trains going to UP to accommodate the rush. He also urged the Railways to take all necessary steps to ensure better coordination with the authorities concerned.

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Maharashtra

Accused of verbally abusing Environment Minister Pankaja Munde arrested from Pune

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Mumbai: The Maharashtra Cyber ​​Cell has claimed to have arrested a youth from Bhosari area of ​​Pune for harassing Environment Minister Pankaja Munde. According to details, the accused used to harass the minister continuously through several messages and personal mobiles and also made derogatory comments. After that, the Cyber ​​Cell department received a complaint and when the above number was traced, it was found in Bhosari, Pune. A case was registered under the provisions of the Cyber ​​​​Technology Act and BMS and in this case, the accused Amol Chhagan Rao Kale has been arrested. He is an engineering graduate and is also a resident of Beed district. The accused was produced in the court where an order was issued to keep him on remand. The accused used to harass the minister repeatedly. In this case, the police have also claimed to have seized the mobile phone and other devices used in the crime.

Along with collecting digital evidence, an investigation is also underway to find out who else is involved in this matter. The cyber department takes immediate action on complaints related to women and if someone misuses social media platforms to target women, strict action is taken against them. If someone is found involved in the crime of defaming or threatening women by disclosing their personal information, the cyber department takes strict action against them. The cyber cell has appealed that if any woman is a victim of harassment, she can contact the cyber cell immediately.

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