Advocate Sushila
BOMBAY HIGH COURT GRANTS CONDITIONAL BAIL TO ARYAN KHAN
Advocate Sushila Ram 30 Oct 2021

BOMBAY HIGH COURT GRANTS CONDITIONAL BAIL TO ARYAN KHAN

The Hon’ble High Court at Bombay in the case of Aryan Shah Rukh Khan vs The Union of India & Anr. (BA-3624-2021) vide its Order dated 28-10-2021 allowed bail to Aryan Shah Rukh Khan, Arbaz Merchant and Munmun Dhamecha with total of 14 conditions.


Recently, in the matter of Cruise Ship Drug Case, Aryan Khan, Arbaz Merchant and Munmun Dhamecha (Accused) were arrested on 03.10.2021 by Officers of the Narcotics Control Bureau (NCB) for their involvement in consumption, sale, purchase and attempt to commit offences under Sections 8(c) read with 20(b), 27, 28, 29 and 35 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act, 1985’) in C. R. No. 94/2021.

Initially, Bail Applications were filed by the Accused in C.R. No. 94/2021 before the Court of Additional Chief Metropolitan Magistrate, Esplanade, Mumbai (‘Metropolitan Magistrate’). The Metropolitan Magistrate, vide its Order dated 08-10-2021 rejected the Bail Applications as not maintainable in view of the Section 36A of the NDPS Act, 1985 which provides for offences triable by Special Courts. Read more at: https://theindianlawyer.in/bail-under-narcotic-drugs-and-psychotropic-substances-act-1985-to-be-granted-by-the-court-of-sessions/

Thereafter, the Court of the Special Judge for N.D.P.S. Cases at Greater Mumbai in the matter of Aryan Shah Rukh Khan versus the Union of India through N.C.B. (NCB/MZU/CR-94/2021) vide its Common Order dated 20-10-2021 rejected the Bail Applications filed under Section 439 of the Criminal Procedure Code, 1973 by Aryan Shah Rukh Khan, Arbaaz A. Merchant and Ms. Munmun Amit Kumar Dhamecha. Read more to know why, at: https://theindianlawyer.in/aryan-khan-bail-rejected-by-special-judge-mumbai/

Consequently, the Accused filed Bail Applications before the Hon’ble High Court at Bombay (High Court). The High Court vide its Order dated 28-10-2021 directed the Accused to be released on bail in C.R. No.94 of 2021 for offences punishable under the NDPS Act, 1985 on the following conditions:-

  1. Each of the Accused shall execute P. R. Bond of Rs. 1 lakh with one or more sureties in the like amount.
  2. The Accused shall not indulge in any activity similar to the activities on the basis of which the said CR stands registered against them for offences under the NDPS Act.
  3. The Accused shall not try to establish communication with co-Accused, or any other people involved directly or indirectly in similar activities or make any call to any person indulging in similar activities as alleged against them, through any mode of communication.
  4. The Accused shall not undertake any action which is prejudicial to the proceedings before the Hon’ble Special Court established under the NDPS Act.
  5. The Accused neither personally or through anyone make any attempt to influence witnesses nor tamper with the evidence.
  6. The Accused shall surrender their passport before the Special Court immediately.
  7. The Accused shall not make any statement regarding the aforesaid proceedings pending before the Special Court in any form of media i.e. print media, electronic media etc. including social media.
  8. The Accused shall not leave the country without prior permission from the Special Judge for NDPS at Greater Mumbai.
  9. If the Accused have to go out of Greater Mumbai, they shall inform the Investigating Officer; and shall give their itinerary to the Investigating Officer.
  10. The Accused shall attend the NCB Mumbai office on each Friday between 11:00 a.m. to 2:00 p.m. to mark their presence.
  11. The Accused shall attend all the dates in the Court unless prevented by any reasonable cause.
  12. The Accused shall join the investigation as and when called upon to do so before the authorities of NCB.
  13. Once the trial begins, the Accused shall not in any manner try to delay the trial.
  14. If the Accused violate any of these terms, NCB shall be entitled to straightaway apply to the Special Judge/Court for cancellation of their Bail.


To read more, please visit the link below:


https://theindianlawyer.in/bombay-high-court-grants-conditional-bail-to-aryan-khan/


#bombayhighcourt #aryankhan #shahrukhkhan #bail

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