Thread by @lawbarandbench

Bombay High Court is hearing bail plea filed by Nawab Malik in money laundering case on merits of the case.

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Desai points out judgment of Bombah High Court passed in order of Bhima Koregaon accused Varavara Rao granting temporary bail on medical grounds.

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Sr Adv Amit Desai for Nawab Malik: despite supervision, when a significant test has to be undertaken, then hospitals don’t have equipment,m. Then permission of courts takes several weeks. Sometimes even one week.

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Desai: it is a fact that he needs medical equipment, it is undisputed. There is no challenge to that by ED. For so many months he is in supervision and fortnightly reports are coming but ED has not challenged.

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Desai: The medical report is before the High Court, the department says he needs treatment. The fact that he has lost kidney, is accepted by medical board. When we look at ‘sick person’, there is no doubt of medical conditions which is confirmed by JJ hospital.

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Desai is stating the facts in the case.

Points out that the offence allegedly took place 20 years ago.

Desai: The offence should have been registered 20 yrs ago, whoever has committed the offence has to be punished. But is the offence registered for the applicant.

Desai: But anyway I am not getting into this now. After almost 17 years of a registered transaction, the complainant is saying she is not aware of the transaction. The absurdity of this leads to probability under 45(2) of PMLA.

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Desai: But anyway I am not getting into this now. After almost 17 years of a registered transaction, the complainant is saying she is not aware of the transaction. The absurdity of this leads to probability under 45(2) of PMLA.

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Karnik: we will continue tomorrow.
I will need assistance on the act as well. section 45 and even section 3.

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