FPJ Legal: Magistrate releases Maharashtra Minister and NCP leader Nawab Malik on bail in defamation case

A city magistrate on Wednesday granted bail to state minister Nawab Malik in a criminal defamation complaint filed against him by BJP leader Mohit Bharatiya. The court has also restrained Malik from indulging in similar offence in future.

In December 2021, the Mazgaon metropolitan magistrate had issued summons to Malik directing him to appear before it.

On Wednesday, Malik appeared before the court along with his advocate following which the court granted the NCP leader bail on a surety of Rs 15,000.

“The accused (Malik) is directed not to indulge in similar kind of offences alleged by the complainant (Bharatiya) against the complainant in future otherwise the bail bond would be cancelled,” said magistrate PI Mokashi while granting his bail.

The complainant is at liberty to file application for cancellation of bail of the accused in such circumstances, it added.

The court kept the complaint for further hearing on January 29.

Bharatiya in the complaint had sought action against Malik for allegedly committing offences under Sections 499 and 500 (defamation) of IPC.

In the plaint, Bharatiya alleged that Malik grossly misused his dominant position to defame him and his family with highly speculative statements without any evidence to substantiate his malicious claims.

Bharatiya claimed that Malik in a press conference held on October 9, 2021 on the NCB raid and arrest of several persons including Aryan Khan, son of superstar Shah Rukh Khan, purposefully and intentionally defamed him and his brother-in-law Rishab Sachdev.

Bharatiya further claimed that Malik later also made false and absurd allegations that he (Bharatiya) had met NCB’s zonal director Sameer Wankhede.

Bharatiya said such allegations and statements have harmed his reputation.

Bharatiya had issued a legal notice to Malik on October 9 asking Malik to cease and desist from making any further statements. However, Malik continued with the allegations and on October 11, Bharatiya sent a second legal notice asking him to prove whatever has been stated by him or cease from making such claims.