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Bombay HC rejects Bharat Shah's bail plea

Syed Firdaus Ashraf in Bombay

The Bombay high court on Thursday rejected film financier Bharat Shah's bail plea.

However, Justice S S Parkar directed the public prosecutor to furnish Shah's lawyer with copies of the remand application and the First Information Report. Shah has also been allowed to meet his lawyer whenever required.

Strangely, the court ruled that bail was rejected since it was not pressed for by the defence lawyer. "Although this application is for bail, the counsel did not press for bail," Justice Parkar told the packed court-room. Amit Desai, Shah's counsel, intervened at this point to agree.

Sources say that the defence team believes that it will be to mount a better case once they have the copies of the remand application and FIR, and hence did not press for bail at this point.

Reading out his ruling, Justice Parkar said, "No doubt the accused has the right to meet his lawyer, this is the minimum that can be done by the law in a democratic setup. And it cannot be said that a legal interview between the accused and lawyers will tamper the investigation. I am of the view that the accused can meet his lawyer, which can be allowed as per the convenience of both. Convenience however does not mean that it can be postponed indefinitely."

The judge, however, had a caveat: that the accused can be extended the facility so long as it does not hamper Section 19 of the Maharashtra Control of Organised Crimes Act.

Justice Parkar ruled that the prosecuting agency will be within its right to omit or erase those portions of the documents which will disclose the identity of the witnesses or otherwise scuttle further investigations.

The next hearing in the case has been now slated for January 22, at the special court of judge A P Bangale, when Shah's lawyers are expected to file for bail.

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