Bombay High Court rejects Nawab Malik plea for temporary medical bail in money laundering case

The Bombay High Court today rejected the temporary medical bail plea of former Maharashtra minister and Nationalist Congress Party (NCP) leader Nawab Malik in a money laundering case..Single judge Justice Anuja Prabhudessai, while rejecting the plea, said that she will hear Malik's plea for bail on merits in two weeks.Justice Prabhudessai reiterated that right to health under Article 21 is available to every person including an under trial prisoner or convict. However, Malik, who was arrested on February 23, 2022, had several pre-existing ailments. The judge noted that Malik was being treated in a multi specialty hospital of his choice since May 17, 2022. "Malik 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", the judge opined. In view of this, and in the absence of compelling reasons, the court was not inclined to exercise discretion in granting bail to Malik and proceeded to dismiss his plea for temporary bail..The ED had arrested Malik on allegations that he had purchased certain property at a rate lower than market value.After a special PMLA court took cognizance of the chargesheet in May 2022, Malik filed for regular bail.Malik moved High Court after a Mumbai special court rejected his bail plea in the matter on November 30, 2022.In his plea, filed through Rashmikant & Partners, Malik stated that the Special Court had failed to take into consideration the observations made by the High Court in its order granting bail to former Maharashtra Home Minister, Anil Deshmukh..In his bail plea, Malik besides seeking bail on merits also prayed for relief on medical grounds.The Court heard Malik's bail plea on medical grounds first and reserved the plea on that limited point. During the hearing, Senior Advocate Amit Desai, appearing for Malik, contended that Malik's physical condition was serious as he suffers various kidney ailments and his right kidney's condition is deteriorating.He added that along with medical treatment, Malik is required to live in a stress free environment and ultimately be fit to face the trial. The ED however vehemently opposed the submission. Additional Solicitor General (ASG) Anil Singh, appearing for ED told the court that everyone has stress and that cannot be a ground to seek bail.The judge pronounced the verdict on the limited prayer today..[Read order]