Aryan Khan's bail application is to be heard in the Bombay High Court on October 26. Till now his bail has been rejected by the Special NDPS Court and Sessions Court. If the High Court does not grant bail in the next four days, then he has to remain in jail.
Senior Advocate Ujjwal Nikam, Bombay High Court Advocate Sabina Bedi Sachar, and Senior Advocate Aditya Pratap have analyzed the scenario ahead of the court in a series of cases.
The bail was rejected by the NDPS court on October 20. Therefore, a petition was filed in the High Court on the same day. The High Court has fixed October 26 for hearing. Three types of conditions are being created regarding this.
From 26 to 29 October, the High Court should hear Aryan's bail plea. Grant the bail application on or before 29. However, then Aryan can go to his home from 29 to 30 October.
In the hearing to be held on October 26, Aryan's lawyer will demand bail. At the same time, NCB will demand jail custody only on the basis of Aryan's chat in the last 3-4 days. The chances of the hearing being held in a day are less. The High Court is open till Friday, October 29.
The High Court will reserve the decision on bail till 15 November. One of the reasons for this is that the roster of judges will be changed after Diwali. However, a new judge will come on the bench. And then again all the arguments should be placed before him.
The High Court will grant or reject the bail. under Section 21, the rule is that the decisions of bail cannot stay for a long time. In this, the court has to deliver the decision quickly.
Now come to the Supreme Court. Aryan's case will go there when Aryan does not get relief from the High Court. Two situations can arise in this case.
If you look at the Supreme Court's calendar, there is a holiday from November 1 to 7. However, even during the holidays, the chances of hearing the Aryan case can remain, if the hearing is held in the Holiday Court.
For this, Aryan's lawyers will have to work very intelligently and after getting bail from the High Court, a copy of the order will have to be put in the Supreme Court. If the Supreme Court considers this case to be an urgent matter, then a hearing can be done in the Special Court.
If the High Court rejects Aryan's bail on October 26 itself, then there is a possibility that an appeal should be filed in the Supreme Court on the same day or the next day. If this happens, then 29 can get time for a hearing in this case. Then there is a possibility that Aryan can get bail from the Supreme Court only on 29.
If the Supreme Court does not consider it an urgent case, then it will not be heard before November 8. Even if the case is filed in the Supreme Court on 29th, there is little hope of hearing on the 8th of November. It is possible to get a date from the court only after 9 or 10 November.
The question being about WhatsApp chats against Aryan, then NCB can use him as secondary evidence in court. But, later in the trial, NCB will have to prove why they used it as evidence. At present, the matter is in Bell's stage. The trial will take place when the NCB files the charge sheet.
In some cases, the court has treated WhatsApp chats as secondary evidence. However, it is less likely to be considered as primary evidence, as social media chats don't even consider the evidence valuable enough to convict the accused on the basis of that evidence alone.
Overall, if Aryan Khan does not get bail from the High Court between October 26 and 29, he may have to stay in jail again from November 10 to 15.
