Is Nawab Malik a ‘sick’ person as per PMLA and entitled to medical bail: asks HC

The Bombay excessive courtroom docket (HC) on Tuesday queried whether or not Nationalist Congress Party (NCP) chief, Nawab Malik might be taken into consideration a “ill man or woman” beneathneath the provisions of the Prevention of Money Laundering Act (PMLA), for the reason of figuring out Malik`s bail plea in a cash laundering case.

A unmarried bench of justice MS Karnik stated that Malik`s attorneys could ought to first fulfill the courtroom docket that the 63-year-vintage NCP chief is sick and subsequently entitled to bail on scientific grounds, and published his bail plea for listening to on February 21.

The decide then requested each sides – Malik`s suggest and further solicitor fashionable Anil Singh for ED to argue on the problem of “ill man or woman” as pondered beneathneath the PMLA.

Under phase forty five of the Act, the courtroom docket has to check that there aren’t anyt any affordable grounds to trust that she or he is responsible of cash laundering and isn’t in all likelihood to dedicate any offence whilst on bail. The phase, however, makes positive exceptions and the dual situations aren’t relevant if the accused man or woman is beneathneath sixteen years of age or a girl or ill or infirṃ.

ED arrested Malik on February 23, 2022, withinside the cash laundering case registered towards him in reference to alleged usurping Goawala Compound – a ₹300-crore land parcel in Kurla in connivance with fugitive gangster Dawood Ibrahim Kaskar`s deceased sister, Haseena Parkar.

The cash laundering case in flip is primarily based totally on an FIR registered via way of means of the National Investigation Agency (NIA) on February 3, 2022, towards the fugitive gangster and his near associates. ED has accused Malik of “circuitously investment the D-gang sports via way of means of usurping a high piece of land in Kurla with the assist of Dawood`s deceased sister, Haseena Parkar and via way of means of the usage of a fabricated power-of-attorney.

In its chargesheet, the enterprise claimed that the previous Maharashtra minister had paid only ₹20 lakh to collect the belongings in a deal relationship again to September 2005, and paid the quantity to human beings apart from the proprietor of the three-acre compound, Munira Plumber.

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