Senior lawyer Hitesh Jain: Unfortunate that Aryan Khan has not been granted bail, similar offences in the past have got bail – Exclusive! – Times of India


The Mumbai Sessions Court has rejected Aryan Khan’s bail plea and the decision has taken a lot of people by surprise. ETimes reached out to senior lawyer Hitesh Jain, who like many others has found this development unfortunate. Jain said, “It is unfortunate that Aryan Khan’s bail plea has been rejected. The offences registered against him are those concerning consumption and that too of small quantities. There have been instances in the past where bail has been granted in matters related to similar offences. Although the NDPS Act states that all offences are non-bailable, offences concerning consumption of small quantities are only punishable for a maximum period of one year. Therefore, the Learned Sessions Judge ought to have respected the Legislative mandate of not imprisoning such persons.”

Jain also feels that delaying the bail of cases like Aryan Khan puts an unnecessary burden on the process and resources of the judiciary. He said, “It is disappointing to see trial courts abdicating responsibility and the accused having to approach the higher courts for relief”.

Earlier in the day, ETimes brought you another senior lawyer Majeed Memon’s views on Aryan’s bail plea, where he, too, echoed similar opinions. Memon had said, “There does not appear to be any substance in allegations against him save and except his presence near the party venue and consumption of contraband under NDPS Act. Refusal of bail after 17 days in custody in my view would result in undeserved hardship and punishment to the accused”.

The final order copy is expected to be issued from the Sessions Court, later in the day. And legal counsels of the three main accused Aryan Khan, Arbaaz Merchant and Munmun Dhamecha have revealed that they’ll study the final order documents and accordingly strategise for further action.



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