Aryan Khan Bail Hearing [LIVE UPDATES from Mumbai Sessions Court]

A Mumbai Sessions Court will hear bail plea by Aryan Khan, son of Bollywood actor Shahrukh Khan, in the cruise ship drug case, in which he is the prime accused.

Previously, Additional Chief Metropolitan Magistrate RM Nerlikar had rejected Khan's bail application, holding that the application was not maintainable as only special court of sessions is entitled to hear the bail plea.

In light of this, Khan has moved the special court under NDPS Act seeking bail.

Live updates from hearing below.

Senior Advocate Amit Desai is expected to appear for Aryan Khan.

Special Public Prosecutor AM Chimalker is expected to appear for Narcotics Control Bureau (NCB).

The case is not showing in the causelist but is likely to be mentioned today seeking urgent hearing.

Additional Sessions Judge VV Patil has arrived.

Advocate Satish Maneshinde also present along with Senior Advocate Amit Desai for Aryan Khan.

Special Public Prosecutor (SPP) Advait Sethna present for NCB, apart from SPP AM Chimalker.

Arbaaz Merchant has also filed his bail application and will be mentioning the same for urgent hearing.

The judge is finishing his morning board. Desai and Maneshinde are waiting to mention the bail plea.

Adv Maneshinde (for Aryan Khan): There are a couple of applications to be mentioned. It appears there is only one application in Court.

I served them on Friday electronically and physically and we are waiting for their response.

SPP Chimalker (for NCB): We will require time to file replies. I appear with ASG Anil Singh. Investigation is ongoing. I will pray for one week.

Maneshinde (for Aryan Khan): All our applications are identical almost except for the roles. If there is a development, then they won't require so much time.

Sr Adv Amit Desai (for Aryan Khan): So far as our applicant is concerned, person connected in the case are not allowed ... I don't know how many persons unconnected are not allowed in court.

Desai (for Aryan Khan): Of course NCB is doing its duty. From what I have seen from the record for my person, from last Sunday till this Friday, he was in custody. Only a statement was recorded on Sunday.

Desai (for Aryan Khan): Bail does not stop investigation. But the man has been in for a week. After looking at case diary and other persons, it was concluded that PC (police custody) is not required.

Desai (for Aryan Khan): Two facts that are important for date:

1) This person admittedly is not found in possession of contraband,

2) Necessity of time... they did argue bail application on Friday. It was heard and rejected and hence we are here.

Desai (for Aryan Khan): Considering the peculiar facts of this case, probably, in the first group, he is the only person without any recovery and no material.

Desai (for Aryan Khan): Magistrate applies his mind on the bail application and he only rejects it on maintainability. We are not disputing the jurisdictional aspect. The papers are forwarded to the Sessions Court.

Desai (for Aryan Khan): We are in the hands of the Court when justice needs to be done. The accused has been charged with an offence with punishment only for a year.

Desai (for Aryan Khan): My learned friend (SPP Chimalker) is new to the matter, so am I.

So far as this boy is concerned, he has spent 7 days in custody. There is nothing with him, no other material.

Desai (for Aryan Khan): Today afternoon (for hearing the case) is what I am praying for, or worst case, tomorrow. They are ready, this matter was argued. ASG was there and Maneshinde was there.

This is a question of someone's personal liberty. Why should my liberty be kept for administrative reasons of the NCB?

Desai (for Aryan Khan): Kindly keep this for urgent hearing.

Maneshinde: Apart from that, they are saying 24 hours.

SPP Chimelkar (for NCB): Normally, NCB takes a week to file reply. The facts that they have been saying are not correct facts. The picture is not as rosy as it seems.

SPP Chimelkar (for NCB): We will even place on record the investigation papers. Give me at least 2-3 days.

Desai (for Aryan Khan): They want 2 days ... they had 2 days since Friday because the application was served. The NCB was working and making arrests as can be seen from the press reports.

SPP Sethna (for NCB): With utmost respect to all lawyers and seniors, there is no urgency in this matter. We were only served with the (bail) application yesterday..

SPP Sethna (for NCB): My learned friend is fair in asking for 2 days. Normally we ask for 7 days.

Maneshinde (for Aryan Khan): This is not a normal case.

Adv Ayaz Khan states that his application was filed the first and served already.

Desai urges that the application be heard separately as the allegations are different.

Desai urges that the application be heard separately as the allegations are different.

SPP Sethna (for NCB): No, no, that will destroy my case..

SPP Chimelkar: This is a case of conspiracy.

Court: I will list it on Wednesday.

Chimelkar: There is a difficulty, kindly keep it on Thursday

Desai: We asked you for Tuesday, you asked for Thursday. Court is saying Wednesday, respect the Court a little.

SPP Sethna (for NCB): As per Desai's submissions, his matter deserves priority. The other matters, their quantities are different. It will not be humanely possible for us to file replies to all applications. Let the matters start from the first produced.

Desai (for Aryan Khan): Let us keep it on Wednesday morning.

SPP Sethna: Milords may list it in the afternoon.

Desai (for Aryan Khan): As and when Your Honour gets free, we will begin our submissions.

Court: As far as arguments are concerned, we will see on Wednesday as and how it proceeds.

Desai (for Aryan Khan): As an officer of the Court, the Chief Principal Judge's direction, everyone is here at risk. If Your Honour does not allow that, whoever is not necessary will not be allowed in court.

Court: But they all have come to hear you

Desai (for Aryan Khan): There is an SOP which is in place... I am asking for some balancing, that what is happening here should not happen that day.

[Note: As there is a huge crowd in the Court and since the Court is smaller, there is no social distancing between the people present.]

Court: All seniors may come, but let your juniors not come. I will ask other lawyers to not come.

Desai: Alright, on our own, we will reduce.