Satish Manshinde fails Aryan Khan: Learn how Satish Manshinde Aryan Khan failed in bail plea hearing and ASG Anil Singh was right because plea is not maintainable ASG Anil Singh won after losing
ASG Anil Singh was also undergoing cross-examination in court a day earlier on Thursday. Then there was the issue of extending the NCB remand period of Aryan Khan and the remaining 7 accused. There was a long argument on Thursday as well. In the end, neither Anil Singh won on the court nor Satish Manshinde could do anything. Magistrate RM Nerlikar’s court remanded all the eight accused, including Aryan, to 14 days’ judicial custody. But when the bail application of Aryan, Arbaaz and Moonmoon began on Friday afternoon, ASG Anil was adamant from the first argument that bail could not be granted by the magistrate court in the case. This is what happened in the end. The court also finally agreed that bail could only be obtained from the Sessions Court and that the petitions were not admissible.
Let us gradually understand how the dispute between ASG Anil Singh and Satish Manshinde took place in the court. Also, how did the court have to accept that what Anil Singh is saying is true.
ASG and Manashinde start court dispute
On reaching the court, ASG Anil Singh opposed the bail application, saying he was not fit to stand in the court. These petitions are not sustainable in this court. If you want bail, you can go to the NDPS Special Court.
– On this Satish Maneshinde said please see CRPC ..
– ASG: We are raising the issue of maintenance and quality. So answer this first.
Maneshinde: All arguments will be on the same platform.
– ASG: No, it can’t happen.
– Manshinde: You can’t give an order to the court.
– Court: You file your case on the basis of merit. I will decide this. Whatever you want to say, file an appeal first.
– ASG: Please don’t tell stories. Normally the one who raises an observable issue argues first, then the other party responds, the court can make a decision and if it is maintainable, hold a further hearing.
Court: The accused have filed a petition with all the details including law and jurisdiction.
– ASG: But this is not a process. I can’t tell the right procedure?
– Court: Well, I understand, you file your application
– Manshinde: Everyone should be given a fair chance .. A fair chance to argue on bail .. For the first time any court is being told the proceedings by the prosecution.
– ASG: This is not new .. As a lawyer we want to show the process ..
– Manshinde: Why is the Indian team so angry about this issue when nothing has been recovered?
– ASG: All the accused were arrested for the same type of crime, so they cannot be divided. The court had earlier said in a similar case that the bail application was not upheld.
Court: I mean, you want to close the case without hearing me.
– ASG: No, I never said that. I can’t stop anyone.
– Manshinde: There is no obligation on the magistrate, as this court falls under the CRPC and the magistrate has the power to investigate various types of crimes.
– Manashinde: Aryan Khan is a young boy of 23 years. His background is not related to any criminal case. Whatever inquiries were made about him, he helped. No drugs were seized from them. Aryan will be present whenever an inquiry is needed. They should get bail.
ASG: I would like to reiterate that this court has no jurisdiction to hear bail.
– Manshinde: Apart from questioning Aryan on the first day, nothing has happened since then. Nothing has been achieved in the last 5 days. Achit Kumar was revealed in the interrogation on the first day, but the NCB took his time and Achit was remanded yesterday. Aryan belongs to a respectable family, his parents, siblings are here. He has an Indian passport, his roots are in the society, so he cannot run away. There is no question of tampering with the evidence or the accused. Electronic evidence has also been taken, other accused are also in custody. I end with these arguments, if the ASG raises an issue and there is a law, I will respond to it.
– Lawyer Tarak Saeed (Arbaaz’s lawyer): There is nothing to stop this court from releasing Arbaaz Merchant. He is a local boy. What is the penalty for using drugs? 6 months .. This is also not a case .. They are only charged with consumption. When the sentence for a crime is reduced to 3 years, my learned friend has the right to bail.
– ASG: We do not oppose the right to seek bail or to apply for bail. Are we saying that this court has the right to claim bail? I am not saying that bail cannot be granted. Everyone has the right to bail. But not in this court.
ASG: I would like to mention the Arman Kohli case in court. Arman Kohli’s bail plea was rejected as a large quantity of drugs was seized from the accused who was arrested, while Kohli did not have possession of the drugs.
– ASG: I am just saying that the application for bail cannot be kept here, as there is a special NCB court where you can approach for bail.
– Manshinde: I would like to refer to paragraph 2-3 of the judgment of Justice Dangre, where interim bail has been placed as a claim.
ASG: My eligible friend has mentioned in Section 2-3 of the judgment of Justice Dangre that he is eligible for interim bail. So the decision also says that for this you have to go to the concerned court. If the court cannot give regular bail, then interim bail cannot be given from there either.
ASG: First of all, you have to overcome the hurdle of whether your petition is admissible in this court or not, after which bail will be heard.
– ASG: Statements have been recorded, WhatsApp chats .. It is in the file .. The football message he mentioned is talking a lot, it is a chat between Achit and Aryan. You may have low doses of drugs, but you are part of that group.
– Manashinde: I am not afraid to stare at me .. There is nothing personal here ..
Court: I want to ask the authorities, I will order your remand soon, but did you take the accused to Arthur Road Jail? The officer answered yes.
– ASG: This court has seen the whole case, whatsapp chat, situation .. all these things cannot be coincidental. It cannot be that the accused met at Terminals 1 and 2. The two met and went to the terminal in the same car. How can such a coincidence happen? We have arrested suppliers, organizers and even Achit. This is not a coincidence.
Manshinde: I am not saying whether the crime is bailable or non-bailable. My arguments are based on court decisions. If this court has the power to send him to judicial custody, it also has the power to grant him bail. Now the plaintiff cannot say that you should go to the special court to get bail.
– Manshinde: I would like to read the verdict of the state against Akhalak in the court. I am not saying that these crimes are bailable. You make any allegations against me, if you have no evidence against me, you cannot stop me even for a minute.
– Court: I have heard all the applications and submissions. Applications are not admissible before us and therefore I reject this bail application.
– Court: I will improve the remand order. I will give the operative now, then I will give a rational order and only then will I leave the court.
Aryan Khan will remain in jail, court has not granted bail
Aryan Khan’s argument in court
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