Taking cognizance of the allegation that former state minister and NCP (Ajit Pawar faction) leader Nawab Malik seems fit and healthy, ashes freely roaming around and campaigning for the assembly election, the Bombay High Court will decide on his bail plea on merit, Justice M.sh Pitale said he will decide on the main bail plea while hearing a petition filed by one Samson Pathare, seeking the cancellation of Malik’’s medical bail.
Pathares plea contended that Malik had neither undergone any surgery nor hospitalisation. “He has prima facie misled the court and is misusing the liberty granted to him” the plea added.
Malik was arrested on February 22, 2022, by the Enforcer Plea in HC says NCP leader, out on medical bail, seems ‘fit & healthy’ ment Directorate (ED), in an alleged money laundering case related to underworld fugitive Dawood Ibrahim and his aides.
He was granted interim medical bail by the Supreme Court in August 2023 to undergo treatment for his failing kidneys and needing ‘hospitalisation and continuous treatment.
He is currently competing in the assembly election from the Mankhurd-Shivaji Nagar assembly constituency. Pathare’s advocate, Chandrakant Mishra, argued that, apart from misleading the court about his medical condition, Malik has violated the conditions imposed on him while being granted bail.
He has stayed outside the jurisdiction of the PMLA court for more than four days. Mishra pointed out that Malik has been giving statements to the media, holding election rallies, and “roaming the whole of Maharashtra.” After going through the order dated August 5, 2023, by which Malik was granted bail, Justice Pitale remarked that one of the conditions was that if he went outside the jurisdiction of the PMLA court for four days, he would have to inform the trial court about the itinerary.
And if the stay was going to be for more than four days, he would have to obtain prior permission. Malik’s advocate, Taraq Sayed, asserted that the NCP leader had not stayed outside the PMLA court’s jurisdiction for more than four days. Remarking that it was a serious allegation, the court questioned Mishra about the evidence to support his claim.
“It’s a serious violation that he is remaining outside PMLA court jurisdiction for more than four days. What is the material filed to support allegations?” asked Justice Pitale. Mishra responded by saying he would submit videos and photographs to prove that Malik had violated bail conditions. Justice Pitale noted there was no urgency to hear the plea seeking the cancellation of Malik’s bail, but said, he would decide the NCP leader’s bail plea on merit, instead.
The court, in its order, noted that the application seeking cancellation of Malik’s bail, “falls short of supporting allegations” by Pathare. The court has granted liberty to Pathare to place on record, in two weeks, material/ documents to support his allegation of the violations of bail conditions by Malik. “Since the allegation is that the interim bail was granted on medical condition and after order, said respondent (Malik) is freely roaming around, indicating that he is fit and healthy, it will be appropriate that the main bail application is listed for hearing at the earliest,” Justice Pitale noted. HC has kept Pathare’s plea for hearing along with Malik’s main bail plea on December 9
