Posts Tagged ‘arthur road jail’
Swati Deshpande | TNN (THE TIMES OF INDIA; October 2, 2009)
Mumbai: Three-and-a-half months after he was arrested for allegedly raping his maid in his own bedroom, actor Shiney Ahuja won bail from the Bombay high court on Thursday after his lawyer argued that there were inconsistencies in the rape complaint. He was, however, asked to leave Mumbai and stay in Delhi until he is required for the trial.
The 36-year-old actor’s jail stay will not end for at least another day. As the court order and the subsequent paperwork was not complete by the end of office hours and thanks to the holiday for Gandhi Jayanti on Friday, Shiney will finally step of Arthur Road jail only on Saturday, said his lawyers.
Apart from setting a bail amount of Rs 50,000 and a surety of the same amount, Justice A P Deshpande said the actor should surrender his passport and warned him against offering inducement to witnesses, directly or indirectly, and tampering with evidence.
|Shiney Ahuja had an eventful Thursday. For the first time since his arrest, he looked less troubled and was seen chatting and exchanging smiles with his family. Before the court proceedings started, he shouted, “I love you,” to his wife Anupam, who responded with equal glee.
Ahuja was produced by the Oshiwara police in Andheri court, which sent him to judicial custody till July 2.
While the order came in the first half of the day, the procedures to transfer him to Arthur Road jail took the whole day. And till then, Ahuja had to share space with 15 inmates, arrested for different offences, in the court lock-up.
They instantly recognised Ahuja saying: “Arey yeh to wohi filmstar hai, jisne apni bai ka game bajaya. (This is the movie star who raped his maid)” Sources say they began teasing him and even slapped him. “They were groping Ahuja every now and then; some even behaved inappropriately,” said a constable.
Ahuja soon started crying and called a policeman for help. He was then separated from the others and put in a corner of the cell. A guard was placed in the lock-up to avoid further escalation.
But the ordeal was yet not over.
At around 7.30 pm, when the police was taking Ahuja to the Arthur Road jail with the other accused, they started abusing him again and created a ruckus. However, police brought the situation under control.The proceedings
Inside the court, police argued for Ahuja’s police custody on the grounds that the victim’s medical examination had confirmed rape; and that it was awaiting forensic results on whether Ahuja had consumed alcohol or drugs at the time of crime. Surprisingly, there was no mention of them waiting for his DNA test nor was any fresh reason cited for Ahuja’s custody.
Ahuja’s lawyer, Shrikant Shivade, argued that the actor’s custody was no longer needed for investigations and that the police’s remand application was similar to the previous one. “Not a comma or full stop has been changed,” he told court.
Shivade also said that if his client had given any confessional statement, the police should produce it in the court and that the media should be held accountable for printing such stories.
Shivade also moved an application asking why his client had been handcuffed. After the court passed its order, Shivade told the media that he would move the Sessions court on Friday for Ahuja’s bail.
Meanwhile, police recorded two more statements in the case - of Adarsh Gupta and Sanjeet Kaur. These were the first people the victim and her aunt approached on Sunday. They had helped the maid register a complaint.
Police is also planning to record statements of witnesses under Section 164 of the CrPC (Code of Criminal Procedure) - the statement is recorded in front of a magistrate and cannot be retracted. As the witnesses are poor migrants, there is a possibility that they might not be available during the trial. DCP (zone IX) Niket Kaushik said, “Though we have full faith in our witnesses, we are examining the possibility of recording statement in front of a magistrate.”
Maid Rape Case Court rejects cop custody for Shiney Actor In Judicial Custody Till July 2; Lawyer To File For Bail Soon
Vijay V Singh | TNN (JUNE 19, 2009)
Mumbai: Shiney Ahuja, accused of raping his maid, is not yet out of prison. But an Andheri court’s rejection of the plea for continued police remand for the actor—he was instead sent to judicial custody till July 2—gave his family some hope as it prepared to fight for his bail.
Shiney’s wife, Anupam, and his family members expressed happiness at the turn of events in court and said it gave them hope as they readied to file his bail application. Police officials, however, said they would oppose the bail move tooth and nail as they feared he might influence the victim and witnesses.
The police argued in court on Thursday that Shiney’s blood test report was still awaited and, if the report indicated he was under the influence of alcohol during the alleged incident, officials would need to interrogate him in that light. But Shiney’s lawyer, Shrikanth Shivade, objected to the argument, saying police custody should not be extended on “speculative grounds’’.
The police remand application also stated that the actor’s police custody should be extended as officials were yet to record the statement of some of the witnesses and they feared that Shiney could influence them. But the court rejected this demand and remanded the actor to judicial custody. Shivade said, “We will now file for his bail.’’
Officials were confident of having collected strong forensic evidence which would support their case. Zonal deputy commissioner of police Niket Kaushik said, “We are waiting for Shiney’s blood test and other forensic reports. We received the preliminary medical examination report and it showed minor injury marks on his body. We will enquire whether it’s related to the incident.’’