Posts tagged sessions court

John Abraham detained; out on bail in accident case

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Bollywood actor John Abraham, who was detained Friday after a court rejected an appeal against his conviction for injuring two people while riding a motorcycle in 2006, is out on bail.

The Bombay High Court granted the bail to John Abraham and stayed the 15 days jail term awarded earlier by the Sessions Court, which upheld an earlier verdict pronounced by a Bandra magistrate.

After Abraham’s lawyers moved the high court post-haste, justice R.C. Chavan granted bail of Rs.20,000 to the actor and also stayed the operation of the lower court sentence till the pendency of the matter.

Police detained Abraham immediately after the sessions court rejected his plea against the 15-day simple imprisonment and fine of Rs.15,000 awarded to him by a magistrate’s court in 2010. He was initially taken for a medical examination.

The sessions court also rejected Abraham’s plea for four days’ time to surrender.

It was not immediately clear whether the prosecution would seek enhanced punishment for Abraham.

Bandra additional chief metropolitan magistrate S.V. Kulkarni had convicted Abraham in 2010 for injuring two youths – Tanmay Majhi (19) and Shyam Kasbe (22) when his motorcycle collided with their bicycle in Khar in northwest Mumbai in April 2006.

The actor had rushed the two victims to a hospital.

The 39-year-old model-turned-actor is currently promoting his first production venture “Vicky Donor”, a film about sperm donors.

He is known for his role in films like “Jism”, “Water”, More >

Mallika wins obscenity case

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Four years after social activist Vinod Jain filed a case of obscenity against her, the actress is finally free of all legal hassles. The court found nothing vulgar

Kunal M Shah (MUMBAI MIRROR; January 28, 2011)

Mallika Sherawat has reason to smile.

An ordeal she has been through for more than four years has finally ended. After social activist Vinod Jain filed a case of obscenity against her for her performance at a suburban five-star hotel, she had been in the media glare. But now, the court has relieved the actress. The decision by the Sessions Court has come four years later though.

Our source said, “It is a classic example of morality issue. Mallika performed at the five-star hotel on December 31, 2006. However, when it was telecast on various news channels, one social activist Vinod Jain found it to be rather obscene.

He immediately filed a case against the hotel and her. After over four years, Mallika is now free from all legal hassles. The case has no been dismissed.”

When contacted, Vinod Jain said, “I don’t see this as the end of the road. I agree that Mallika has been discharged legally but I will go to the high court. I had given all the evidence via a CD. Let’s see what happens in the high court after I appeal.”

Farid Karichiwla, Mallika’s lawyer and partner at Wadia Gandhi and Company, said, “The case has been dismissed. We represent Mallika on the matter. The court has come to a conclusion that there was no obscenity More >

He’s a ‘small-time actor’ and no rapist, Shiney’s lawyers tell court

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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 More >

I am from a good family, so give me bail-Shiney

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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

By Hetal Vyas and Deeptiman Tiwary (MUMBAI MIRROR; June 30, 2009) 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 More >

Shiney groped in lock-up

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The actor had to spend half the day in the court lock-up where the other accused teased and slapped him about By Deeptiman Tiwary and Raju Shinde (MUMBAI MIRROR; June 19, 2009) 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, More >

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