Explain 'Sick Person' Exempted From Twin Bail Conditions Under PMLA: Bombay High Court On Nawab Malik's Plea In Money Laundering Case

"I have some questions on this as many matters are now coming up where the person (accused) says grant me bail as I am sick. So I want to know who is a sick person. I want you to argue on …. who will be a sick person," Justice MS Karnik said.

He added that if the counsels weren't able to satisfy him that Malik was 'sick' then he would have to wait in queue for the bail application to be heard on merits. "I don't want anyone to say anything," Justice Karnik said.

The ED arrested Malik in February this year and accused him of usurping a property in Kurla with the help of global terrorist Dawood Ibrahim's late sister Haseena Parkar between 1999-2006. It's the agency's case that since Parkar handled the gangsters' illegal businesses, the money was ultimately used for terror funding.

Malik approached the High Court in December after the special court refused him bail November 30, 2022.

During the hearing, ASG Anil Singh sought time. However, Justice MS Karnik, made it clear that Senior Advocate Amit Desai and the ED would first have to advance arguments on who is a sick person.

Under the PMLA, the twin conditions for bail - hearing the prosecutor, and the court recording a satisfaction that the person is prima facie not guilty and won't commit the offense again- would be relaxed for a juvenile (under 16), woman or sick person. The court must record it's satisfaction on these aspects.

However, the twin conditions would not apply if the accused is below 16 years or is a woman or is sick or infirm, and then he or she may be released on bail.

Justice Karnik said a lot of accused are now coming forward seeking bail on medical grounds, therefore it was important to define who was a sick person in the first place.

"If I am satisfied that the applicant in the present case (Malik) is a sick person then the twin conditions won*t apply. But if I am of the opinion that he is not a sick person or is being treated well while in judicial custody then his bail plea would be heard later on merits," Justice Karnik said.

The ASG submitted that Malik was not sick and he would satisfy the court, therefore twin conditions would apply for considering his bail plea.

He pointed out that even Deshmukh was granted bail on merits.

Malik, represented by Senior Advocate Amit Desai and Advocate Kushal More instructed by Rashmikant and Partners have contended that a medical board has examined Malik and found one of his kidneys to be severely affected.

The matter has now been adjourned to February 21, 2023.