Aryan Khan, Arbaaz Merchant, Munmun Dhamecha - Bail Applications Dismissed As Non-Maintainable - LIVE UPDATES

Update: 2021-10-08 06:55 GMT
Live Updates - Page 8
2021-10-08 07:58 GMT

Maneshinde reads Section 437 CrPC on bail - When bail may be taken in case of non-bailable offence. 

2021-10-08 07:54 GMT

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. 

2021-10-08 07:51 GMT

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.

2021-10-08 07:47 GMT

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.

2021-10-08 07:45 GMT

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.

2021-10-08 07:43 GMT

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.

2021-10-08 07:39 GMT

Reply calls the bail applications misconceived, ill conceived and not maintainable.

2021-10-08 07:36 GMT

Three separate replies presented for three separate bail applications.

2021-10-08 07:34 GMT

Reply arrives; given to the court.

Maneshinde - Give us a copy.

Sethna - First to the court, then everyone else.

Maneshinde - Yes.

2021-10-08 07:32 GMT

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.

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