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NCB could not get remand, but bail was not granted
ASG Anil Singh was constantly cross-examining in the courtroom a day earlier on Thursday as well. Then the issue was to extend the NCB remand period of Aryan Khan and the remaining 7 accused. There was a long debate on Thursday as well. In the end, neither Anil Singh won in the court nor Satish Manshinde could do anything. Magistrate RM Nerlikar’s court sent all the eight accused, including Aryan, to judicial custody for 14 days. But when the hearing on the bail pleas of Aryan, Arbaaz and Munmun began on Friday afternoon, from the very first argument, ASG Anil was adamant that bail could not be granted in this case from the magistrate court. This is what happened in the end. The court also finally agreed that bail can be taken only from the sessions court and as such these petitions are not maintainable.
Come, let us understand sequentially how there was an argument between ASG Anil Singh and Satish Manshinde in the court. Also, how the court had to admit that what Anil Singh is saying is true.
This is how the debate between ASG and Manashinde started in the court-
On reaching the court, ASG Anil Singh opposed the bail plea saying that they are not maintainable in this court. These petitions are not maintainable in this Court. If you want bail then you go to NDPS Special Court.
– Satish Maneshinde said on this that please see CrPC..
– ASG: We are raising the issue of maintainability and merit. So answer this first.
Maneshinde: All the arguments will be on the same platform..
– ASG: No, it can’t happen..
– Manshinde: You cannot dictate the court.
– Court: You file your point, on the basis of merits. I will decide this. Whatever you want to say, file an appeal first.
– ASG: Please don’t say dictating things. Normally the one who raises the maintainable issue first argues, then the other side responds, the court can decide and if it is maintainable, then do further hearing.
Court: The accused have filed a petition with all the details including law and jurisdiction.
– ASG: But it’s not the process. Can’t I tell the correct procedure?
– Court: OK, I get it, you file your application
– Manshinde: Everyone should get a fair chance.. We should give a fair chance to argue on bail.. For the first time any court is being told the procedure from the prosecution side..
– ASG: This is not new.. As lawyers we have to show the process..
– Manshinde: Why is the Union of India so agitated about the matter when nothing has been recovered?
– ASG: All the accused were arrested in the same type of offence, so they cannot be divided. This court had earlier also said in one such case that the bail application was not maintainable.
Court: So you want me to close the matter without listening..
– ASG: No, I never said that. I can’t stop anyone..
– Manshinde: There is no restriction on magistrate, as this court comes under CrPC and magistrate has the power to try many types of offences.
– Manshinde: Aryan Khan is a 23 year old young boy. His background is not related to any criminal case. Whatever inquiries were made of him, he helped. No drugs were recovered from them. Whenever there is a need for interrogation, Aryan will be present. They should be granted bail.
– ASG: I would like to reiterate that this court does not have the right to hear bail.
– Manshinde: Apart from the interrogation of Aryan on the first day, nothing happened after that till now. Nothing has come out in the last 5 days. Achit Kumar was exposed in the first day’s interrogation itself, but NCB took its time and Achit was taken on remand yesterday. Aryan is from respectable family, his parents, siblings are here. He has an Indian passport, he has roots in the society, so he cannot run away. There is no question of tampering with evidence or the accused. Electronic evidence has also been taken, other accused are also in custody. I conclude with these arguments, if the ASG raises an issue and if there is a law, I will respond to it.
– Advocate Tarak Saeed (Arbaaz’s lawyer): There is nothing that prevents this court from releasing Arbaaz Merchant. He is a local boy. What is the punishment for using drugs? 6 months.. This is not even a case.. only the offense of consuming is registered against them. When the punishment for the offense is reduced to 3 years, it is in the power of this court to grant bail to my learned friend.
– ASG: We are not opposing the right to seek bail or an application for bail. What we are saying is whether this court has the right to claim bail? I am not saying that bail cannot be filed. Everyone has the right to bail. But not in this court.
– ASG: I would like to mention the Armaan Kohli case in court. Armaan Kohli’s bail plea was rejected because a large quantity of drugs were recovered from the accused with whom he was arrested, whereas Kohli was not in possession of drugs.
– ASG: I am just saying that application for bail is not maintainable here, because there is a special NCB court where you can approach for bail.
– Manshinde: I would like to refer here to paragraph 2-3 of the judgment of the Court of Justice Dangre, where interim bail has been held to be entitled.
ASG: My worthy friend referred to Article 2-3 from the judgment of Justice Dangre to say that he is entitled to interim bail. Whereas that judgment also says that for this you have to go to the concerned court.. If the court cannot give regular bail, then interim bail also cannot be given from there.
– ASG: First you should cross this hurdle whether your petition is maintainable in this court or not, the hearing on bail will take place after that.
– ASG: The statements have been recorded, there are WhatsApp chats.. It’s in the file.. The football message he mentioned is talking a lot, it’s the chat between Aachit and Aryan. You have The amount of drugs may be less, but you are part of that group.
– Manshinde: I am not afraid to stare at me.. Nothing personal here..
Court: I would like to ask the officers, I will order your remand soon, but you have taken the accused to Arthur Road Jail? The officer replied yes.
– ASG: This court has seen the whole case, whatsapp chat, circumstances.. all these things cannot be a coincidence. It cannot happen that accused 1 and 2 met at terminal. The two met and went to the terminal in the same car. How can such a coincidence happen? We have arrested the supplier, the organizer and even Achit. It’s not all a matter of coincidence.
Manashinde: I am not saying whether the offense is bailable or non-bailable. My arguments are based on the decisions of the court. If this court has the power to send to judicial custody, then it also has the power to grant bail. The prosecuting party can no longer say that you should go to the special court for bail.
– Manshinde: I would like to read the judgment of Akhlaq vs State in the court. I am not saying that these offenses are bailable.. Whatever allegation you make against me, if you do not have any evidence against me, you cannot stop me even for a minute.
– Court: I have heard all the applications and submissions. The applications are not maintainable before us and therefore I dismiss these bail applications.
– Court: I will improve the remand order. I will give the operative now, then I will give a reasoned order and only then I will leave the court.
Aryan Khan will remain in jail, court did not grant bail
‘I am from a respectable family, cannot run away from the country’, Aryan Khan’s argument in court
Mannat’s ‘Yuvraj’ Aryan Khan will be imprisoned in Jail’s Barrack No. 1, Uniform will not be available for 5 days
From morning to evening, why did Aryan Khan not get bail even after 4 hours of cross-examination in the court?
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