Supreme Court Extends Former Maharashtra Minister Nawab Malik's Interim Bail By Two Weeks

A bench of Justices Bela M Trivedi and Satish Chandra Sharma was hearing a special leave petition filed by Malik against a July 2023 order of the Bombay High Court declining the Nationalist Congress Party (NCP) legislator's request for interim bail on medical grounds.

Previously, when further extension of the interim relief was requested, Additional Solicitor-General SV Raju did not object to it and told the court, "This request may be considered, and on medical grounds, an extension may be given." Considering this, the Court extended the interim bail by six more months.

Today, at the commencement of the hearing, the petitioner's counsel informed the Court that Malik's condition continues to be precarious. He also submitted that, as per the bail condition, health records are being updated. The Court recalled that ASG had no objections to the petitioner's request on an earlier occasion. Following this, while extending the interim stay, the Court posted the matter for hearing after two weeks.

"List after two weeks, interim order to continue till the next date of hearing.," the Court ordered

Background

The senior NCP leader was initially granted interim bail on medical grounds for two months in August last year. This was later extended by three months in October after the court was informed that the former minister's health had not improved since the last order, and he was undergoing treatment for kidney-related and other ailments at a private hospital in Mumbai.

Before the High Court, he had sought bail on the ground that one of his kidneys had failed and the other was functioning only at 60 per cent capacity and was deteriorating further. However, the same was opposed by the ED, saying that many people survive with one kidney. Further, none of the medical reports said that the second kidney was functioning at 60% of its capacity, hence bail on medical grounds could not be invoked in Malik's case. 

The Enforcement Directorate arrested Nawab Malik on February 23 of last year in connection with a money laundering case linked to fugitive underworld don Dawood Ibrahim and his aides. According to the investigating agency, Malik connived with D-gang member and Ibrahim's sister, Haseena Parker, and two others, and usurped a property in Mumbai's Kurla between 1999 and 2006. The agency has alleged that since Parkar handled the illegal business of the notorious gangster and global terrorist, the money that Malik allegedly paid her, was ultimately used for terror funding, slapping charges under the Prevention of Money Laundering Act on the former legislator.

After a special court refused to grant him bail in November of last year, Malik approached the Bombay High Court. However, owing to his deteriorating health, Malik has been in custody at a private hospital to ensure continuous medical supervision. During the hearing, the Bombay High Court wondered how bail could be granted despite the rigours of Section 45 of the Prevention of Money Laundering Act. Finally, on July 13, a single-judge bench of Justice Anuja Prabhudessai refused to grant Malik temporary bail, while directing the matter to be listed after two weeks to be heard on merits.

Aggrieved by this order of the high court, the Nationalist Congress Party leader has moved the Supreme Court.

Case Details

Mohammed Nawab Malik v. the State of Maharashtra | Criminal Appeal No. 2415 of 2023

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