Posts Tagged ‘bail’
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.
Swati Deshpande | TNN (THE TIMES OF INDIA; September 30, 2009)
Mumbai: He’s a “small-time actor’’, and while he may be no “saint’’, he’s “no rapist’’ either. This is what actor Shiney Ahuja’s lawyers said, seeking bail pending trial on charges of raping his 20-year old maid at his Andheri home one morning.
In a fresh bid for freedom after spending more than 100 days in jail, the 35-yearold actor–through his counsel Shirish Gupte along with Shrikant Shivade–said the “victim has not even used the word ‘rape’ in her statement to the magistrate regarding the June 14 incident’’. She “had no external injuries, creating doubts over her claim that she resisted him’’, they said. The complainant had called Ahuja many times from her cellphone the previous night, said Gupte.
Forensic experts have said earlier that the absence of external injuries did not mean there was no rape. A woman could be forced into the act by the threat of violence, experts reasoned.
The panchnama noted that when he was arrested on June 15, Ahuja’s left wrist and right little finger had a “nail mark’’ which the actor claimed were sustained while he was working out, and not from the victim’s nails.
The DNA analysis showed no profile was obtained from the victim’s vulval swab, but did find some evidence to match Ahuja’s “control blood component’’ in one of her smear slides. “The reports fail to conclusively establish rape,’’ Ahuja’s plea said, suggesting it was “a consensual act’’.
Saying bail was a rule and not an exception as held in numerous Supreme Court judgements, Gupte said even medical evidence had “little against the actor’’. There was “no semen and blood’’ found on the victim in the panchanama on his or her clothes and at the scene of offence, he added.
Ahuja’s bail was rejected by the sessions court in July on the grounds that he may tamper with the witness because he was “rich and influential’’. But Gupte said: “How is he influential? He has just made his name in a few films. Besides she stays in Raigad district and will only come for the trial. He doesn’t know where she is.’’
The written bail plea, however, describes Ahuja as a “well-known film personality, having won several professional awards… with roots in society’’.
The hearing will continue in the court of Justice A P Deshpande on Wednesday, when the prosecutor will oppose the bail plea.
The maid had narrated the entire incident of “forcible sexual intercourse’’ to neighbours Adarsh Gupta and Sanjeet Kaur. The neighbours then took her to the police station at Oshiwara to file the complaint.
Shiney applies for bail even as forensic report on Monday confirmed that the semen sample taken from maid’s body matches the star’s DNA
|The Forensic Science Laboratory at Kalina on Monday confirmed that the semen sample in the vaginal swab of the maid who alleged rape, matched with the DNA of the accused, actor Shiney Ahuja.
Regardless, Shiney moved the Sessions Court last week for bail on the ground that “he is from a good family” and that some of his films are only half done and “need to be completed”.
Ahuja invoked his army background and the absence of any criminal antecedents against him as the ground of his bail. But most importantly, Ahuja argued that his films are hanging because of his incarceration and that he must be released so that he can complete them.
Ahuja’s lawyer Shrikant Shivade said, “Ahuja’s bail application mentions four main grounds: He has no criminal antecedents, he is from a good family, the trial could take a long time which may affect his unfinished films.”
Chief Public Prosecutor RV Kini said that the application would be heard on July 3.
Among Shiney’s unfinished films are Accident with Soha Ali Khan, Chaloo Movie directed by Vinod Pande, and Har Pal with Preity Zinta, for which Shiney Ahuja still has to dub.DNA may clinch conviction
However Monday’s forensic report puts the actor on the back foot. “Any other analysis has space for doubt but not the DNA. Two people can never have the same DNA fingerprint. We got favourable results as the police were prompt in obtaining and sending us samples before they were washed away by the victim,” said a senior FSL official.
Confirming the news DCP (Zone IX) Niket Kaushik said, “The DNA report in the case supports the FIR. Ahuja’s DNA has matched with that of the semen found in the victim’s vaginal swab.”
The DNA analyses of other samples picked up from Ahuja’s house, however, have remained inconclusive. Police had sent the clothes of the victim and the accused, the bedsheet and the pillow covers of Ahuja’s bed, on which the crime was allegedly committed. An FSL investigation, did not find any semen on these samples.
Police, however, said that other reports now become immaterial as the evidence related to the intercourse has confirmed rape. Medical report of the maid also confirm physical violation. “There were injury marks on the private parts of the victim and the accused had scratches on his wrist and finger. It clearly shows that the intercourse was forced,” said a police officer.
“The report on nail clippings of the victim - to find if there is any skin or blood that matches with that of the accused - is still awaited,” said a senior officer.
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.’’