The Supreme Court in the case Mohammed Nawab Malik vs the State of Maharashtra observed and has adjourned the plea to July by former Maharashtra Minister Nawab Malik, who being in jail since 23.02.2022, wherein following the arrest of him in the money laundering case by the Directorate of Enforcement.
In the present case, the former Maharashtra Minister Nawab Malik approached the Supreme Court aggrieved with the Bombay High Court adjourning his bail application to June 6. Thus, the Supreme Court adjourned the plea of Malik’s, while observing that the High Court cannot be bypassed.
The counsel, Senior Advocate Kapil Sibal, appearing for Malik in the case observed and has expressed anguish at the bail application in the High Court being adjourned on the ground of non-availability of the Additional Solicitor General.
It has also been assured by the ASG SV Raju that the ED will be ready next week. Thus, the Sibal in the case highlighted that Malik is suffering from health problems. Further, Sibal exclaimed that to look at his condition.
Therefore, in the case Sibal persuaded the bench for specifying that the said matter is to be heard by High Court in next week.
Sibal further stated that, Why cannot it be taken up next week? He i.e., the ASG is saying that they are ready next week. Thus, the bench in the case did not specify any date for the hearing in the High Court.
In the month of February, the ED arrested Malik Last year challenging that he usurped a property in Kurla with the help of global terrorist Dawood Ibrahim’s late sister Haseena Parkar between the year 1999-2006. It being the agency of case that since Parkar handled the gangsters’ illegal businesses and that the said money was ultimately being used for the terror funding.
However, Malik approached the High Court after the special court in the case refused to grant him bail on 30.11.2022.
The Bombay High Court in the month of February seek to know how bail can be granted despite of as stated under section 45 of the Prevention of Money Laundering Act after it was being informed by the NCP leader Nawab Malik is suffering from kidney failure.
The court stated that it has also been provided under section 45 for the stringent conditions to grant bail to accused in money laundering cases.