A Mumbai court has denied bail to Raj Kundra and Ryan Thorpe in porn racket case.
Adv Abad Ponda argued for Kundra and Thorpe and said that, “Chargesheet in the case is already filed. All the other accused are out on bail. Some of these accused had more severe allegations against them as compared to Kundra and Ryan. The maximum punishment in all these charges against Kundra and Ryan is 07 yrs. Kundra has a family here, he has a home here, there’s no question of him being unavailable for investigation.”
Ponda further argued that, “If the offence doesn’t have life imprisonment or the death penalty, bail is a norm. Previous judgements of various courts have showed that bail is not punitive, the objective is to secure appearance. Previous judgements have stated that unless exceptional circumstances are not brought to light in front of the court, the court will not deny bail if the punishment of the alleged crime is not life imprisonment or the death penalty. The police is talking about the possibility of tampering with evidence, but this is applicable to all the other accused who are out on bail. Previous judgements by other courts have said that if the police talk about the possibility of tampering of evidence, it shows poorly of police. The cops are saying Kundra is a British National and can escape. They hey already have his passport.”
The investigating officer told the court, that, “Another FIR in the case is filed against some people. Many victims are still coming forward. Accused can help other accused escape. A financial audit is yet to be concluded. The accused can influence the witnesses. Ryan is an IT expert, he can destroy electronic evidence.”
PP told the court that, “The accused are rich and influential people. More victims are coming forward, he can hamper that.”
Adv Ponda said that, “Is Raj Kundra a terrorist? Till now no complaint or evidence to show that the accused stopped anyone from approaching the cops or tried tampering.”
PP told the court, “Electronic evidence are already destroyed, hence the addition of IPC 201.”
To that advocate Ponda said that IPC 201 is bailable. The court rejected the bail plea.
Source Link
