The Bombay High Court rejected the bail application of NCP Leader and Minister Mohammad Nawab Mohammad Islam Malik claiming medical grounds, arrested for committing offence under the Prevention of Money Laundering Act, 2002 (PMLA).
The Applicant, Mohammad Nawab Mohammad Islam Malik was arrested on 23.02.2022. The investigation proceeded and upon conclusion, chargesheet came to be filed. The Applicant filed an application for bail before the learned Special Judge and also sought temporary bail on medical grounds. The Applicant did not pursue the relief of temporary bail. However, considering the nature of the ailment, Special Judge allowed the Applicant to take treatment.
The PMLA Court, Bombay has extended the custody of Maharashtra state minorities and skill development minister Mohammed Nawab Mohammed Islam Malik till 3rd March 2022, refusing to grant bail stating that sufficient time shall be granted for investigation.
Read More: Arrest of Mohammed Nawab Mohammed Islam Malik: PMLA Court refuses to grant Bail, Sent to Custody
Amit Desai, Sr. Counsel for the Applicant submitted that the Applicant is suffering from chronic kidney disease. The parents of the Applicant succumbed to kidney ailment at the age of 70, and his brother too died of the same ailment at the age of 52. The Applicant is 64 years of age, and his left kidney is nonfunctional. The renal scan (DTPA) report indicates that the functioning of the right kidney has deteriorated and is presently functioning at 60%.
The Counsel brought to the notice of the Court that the applicant is suffering from other ailments like hypothyroidism, fatty liver etc. Though the medical condition of the Applicant cannot be reversed, it can be stabilized with proper treatment and if necessary by surgery. He urges that the Applicant requires stress free, clean and hygienic environment to recover and to take decision about his health and to consult a doctor of his choice.
Rejecting the bail application the Single Judge Bench of Justice Anuja Prabhudessai observed that “The Applicant has several pre-existing ailments. He was admitted in J.J. Hospital from 25.2.2022 to 28.2.2022 and on subsequent dates. He is admitted and is being treated in Criti Care Asia, a multi specialty hospital of his choice, since 17.05.2022. The Applicant is provided adequate, effective and specialized medical assistance, and his health condition is being monitored by the doctors specialized in the field. Hence, his right to health or right to life is not curtailed or infringed in any manner.”
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