Bombay High Court To Hear Nawab Malik’s Bail Plea On Merits Next Week; Agrees That He’s Suffering From Medical Condition
The high court agreed that Malik is suffering from a medical condition after his counsel informed the court that functioning of his both kidneys is low.
A single judge bench of the Bombay High Court on Friday said that the court will hear the bail plea filed by NCP Leader Nawab Malik next week on merits. Justice MS Karnik today agreed that Nawab Malik is suffering from a medical condition.
Senior Advocate Amit Desai today argued on behalf of Nawab Malik that the primary object of the bail is to secure attendance at the time of trial and not pre-trail punishment. He further argued that if a crime is serious then the trial can be put on the fast track and one cannot say that prisoners are overflowing and at the same time not grant bail.
He informed the court that Nawab Malik has been in custody for a year and has severe kidney problems. He said that he has been in hospital and both his kidney’s function is very low. He submitted that even the staff has constraints and it takes 2-3 weeks for permissions.
The court then agreed that Malik is suffering from medical conditions and agreed to hear the bail plea on merits.
During the previous hearing, Justice MS Karnik had asked if Malik can be considered a sick person. The bench had said that several applications are filed before the high court stating that the bail plea should be heard because the accused is a sick person. The bench had asked the counsel appearing for Malik and Enforcement Directorate to argue on the definition of the sick person and if Malik's status would fall within the definition.
The NCP leader has sought bail relying on the proviso to Section 45 of the PMLA Act which states that a person who is under the age of sixteen years or is a woman or is sick or infirm, may be released on bail if the special court so directs.
Malik approached the high court after the Special PMLA Court denied bail to him in December 2023. Earlier in December, the high court had refused to list the bail plea urgently.
Malik, in his plea, stated that the special court had not considered his medical condition while denying bail.
Earlier in 2022, the Bombay High Court had rejected the Habeas Corpus plea of Nawab Malik. The plea before the high court called the arrest by ED illegal. The order of the high court rejecting his plea was upheld by the Supreme Court.
The NCP leader is in judicial custody and has been undergoing treatment in a private hospital.