Aryan Khan, Arbaaz Merchant, Munmun Dhamecha - Bail Applications Dismissed As Non-Maintainable - LIVE UPDATES
Maneshinde reads Section 437 CrPC on bail - When bail may be taken in case of non-bailable offence.
Maneshinde begins his arguments. Reads Section 36A of the NDPS Act according to which all offences attracting imprisonment over 3 years are triable by the special court.
Says that it does not apply in his case.
Court - I have not restricted the parties from arguing only on the point of maintainability.
ASG - I am saying in the same facts of case (Arman Kohli) the point was decided by this court and the bail was rejected as not maintainable.
ASG cites a judgment of this court.
Maneshinde - Why is the Union of India so interested in this case where no possession is found?
ASG - The UoI is interested in all cases. Don't say that.
Sayed - I am surprised that my senior is citing a civil judgement in a criminal case.
ASG - See why I am saying it is not maintainable...as all these offences are exclusively triable by the special NDPS court.
Court - We are on the point on deciding the application.
ASG says he wants to submit a judgement TK Latika v. Seth Karsandas Jamnadas (1999).
ASG - If the court comes to the conclusion that the application is not maintainable, then there is no point in going into the merits of the case.
Reply calls the bail applications misconceived, ill conceived and not maintainable.
Three separate replies presented for three separate bail applications.
Reply arrives; given to the court.
Maneshinde - Give us a copy.
Sethna - First to the court, then everyone else.
Maneshinde - Yes.
Maneshinde again tries to start his arguments. Tries reading section 437 of the CrPC.
ASG objects as he wants maintainability of the application to be decided first.