Arrest has become rule, bail exception: Aryan's lawyer

Arrest has become rule and bail exception: Aryan Khan's lawyer

Justice Nitin Sambre adjourned the matter till Thursday

Aryan Khan. Credit: AFP file photo

Invoking Constitutional rights, the defence team of Aryan Khan, the son of Bollywood actor Shah Rukh Khan, on Wednesday sought bail for him on the grounds that his arrest was illegal.

Justice Nitin Sambre adjourned the matter till Thursday.

Senior counsel Mukul Rohatgi, a former Attorney General of India, who represented Aryan and senior counsel Amit Desai who stood for Aryan and Arbaaz Merchant and advocate Ali Kaashif Khan Deshmukh, who appeared for Munmum Dhamecha concluded their arguments.

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“The arrest memo did not give true and correct grounds for arrest. Article 22 of the Constitution is more important than Section 50 of the CrPC. It states that no person should be held without being informed about the grounds of arrest and the person shall have the right to consult a lawyer of their choice,” Rohatgi told the court.

"Bail is the rule and jail is the exception. Now, it has become - arrest is the rule and bail is the exception,” said Desai.

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“This is a direct infringement of constitutional guarantees. We are all available to the agencies. Bail may be granted. There has been enough custody of the two, who are both residents of Mumbai,” said Desai, concluding arguments for Aryan and Arbaaz.

During the next hearing, Additional Solicitor General Anil Singh will present his arguments along with Special Public Prosecutor Adwait Sethna.

"I will try to finish my arguments within one hour," Singh said.

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