Thread by @barandbench

#BombayHighCourt to hear #RajKundra’s plea assailing his remand to police custody and all subsequent orders passed by the Mumbai Magistrate Court in relation to a pornographic film racket case.

@TheRajKundra

Hearing before Justice AS Gadkari.

Sr Adv Aabad Ponda instructed by Parinam Law Associates appears for Kundra.

Chief Public Prosecutor Aruna Pai appears for #MumbaiPolice.

#RajKundra #BombayHighCourt

Hearing begins.

#RajKundra #BombayHighCourt

Court asks the counsels, if the hearing can continue at 2.30 pm?

Ponda: 2.30 if milordship pleases?

Matter kept back at 2.30 pm.

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Hearing resumes.

#BombayHighCourt #RajKundra

Court is waiting for Chief PP Pai to resolve a technical issue at her end.

#BombayHighCourt #RajKundra

Pai: Before I begin with the case laws, I want to point out facts.
This FIR was registered in February 2021 was registered under 354, 292 of IPC and IT Act and Indecent Representation of Women.

During the course of investigation, we have added another offence 201 of IPC.

Pai: the CR 123 of 2021 by Malwani Station was transferred to Crime Branch as CR 26 of 2021.

#BombayHighCourt #RajKundra

Pai: On April 3 chargesheet was filed against 9 accused and further investigation permission was sought.
Kundra and Ryan Thorpe (IT personnel) are accused no 10 and 11.

They are accused of streaming pornographic material on Hotshot and Bolly Fame app.

#RajKundra

Pai: Umesh Kamat revealed activities of Kundra and Thorpe during his interrogation. They have been working together since 2013. There are 51 movies under Hotshot and Bolly Fame which have been seized.

#BombayHighCourt #RajKundra

Court: There is some problem.. 251 movies..?

Pai: No milords 51..

Court: Only 51..?

Pai: Yes

#BombayHighCourt #RajKundra

Court: There is some bandwidth problem at your end. Even Mr. Ponda and Chandrachud are unable to hear.

#BombayHighCourt #RajKundra

Pai: Material has been seized from their personal laptop and CDR. All this material has been seized from them.

#BombayHighCourt #RajKundra

Pai: We have seized material from their mobile phone and Storage Area Network (SAN) device.

#BombayHighCourt #RajKundra

Pai: On July 19, 2021, we conducted office search of Accused 10 where accused 11 was also present.
There, we found a message on email between Accused 10 on his Hotshot app with one Pradeep Bakshi and who owns company - Kendrin Pvt Ltd in London.

#BombayHighCourt #RajKundra

Corrigendum: Pardeep Bakshi

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Pai: During this office search, we found details about in the Hotshot app, how many customers subscribed, how many payments received, account details, obscene and bold picturization videos were found.

#BombayHighCourt #RajKundra

Pai: Thereafter notice under 41A was served on both accused. Kundra refused, and Thorpe accepted the notice.

#BombayHighCourt #RajKundra

Pai: After accepting the notice and refusal by Kundra, they were asked to come for investigation. Instead of co-operating, they started deleting from the WhatsApp group and chat.
Thus they started destroying evidence.

#BombayHighCourt #RajKundra

Pai: There was more material in the WhatsApp chats and group.

#BombayHighCourt #RajKundra

Pai: Therefore the investigating authority in order to prevent them, had no option but to arrest them.

#BombayHighCourt #RajKundra

Pai: when an accused is trying to destroy evidence, the investigating authority cannot be mute spectators. In order to prevent them they were arrested.

#BombayHighCourt #RajKundra

Pai’s voice was still unclear to the Bench.

Court suggests to the lawyers, that if they don’t have a problem, the Court can hear the matter thorugh physical hearing.

#BombayHighCourt #RajKundra

Court will hear this matter on Monday after his civil matter board is over.

#BombayHighCourt #RajKundra