Thread by @barandbench

[#Peeing incident on #AirIndia flight] Delhi's Patiala House Court will soon hear the bail plea of accused #ShankarMishra.

Mishra was arrested by Police from Bengaluru on Friday and is in judicial custody.
#AirIndiaHorror @airindiain

Metropolitan Magistrate Komal Garg will hear the bail plea.
Hearing to start soon.
#ShankarMishra #AirIndiaincident @airindiain

Adv Manu Sharma appears for Mishra.
#ShankarMishra #AirIndiaincident @airindiain

Hearing starts.
#ShankarMishra #AirIndiaincident @airindiain

Sharma: We are dealing with 354, 354a and others. There is just one non bailable offence. If the non bailable section carries maximum 5 years.

Sharma: Higher courts have been reminding us that when the offence carries a punishment of less than 7 years, the State has to follow certain safeguards. In this case Arnesh Kumar guidelines have not been followed.

Sharma: They issued a notice to me under Sec 41a CrPC. My understanding is this notice is issued when they do not want to arrest.
#ShankarMishra #AirIndiaincident @airindiain

Judge notes that there is some overwriting on the Sec 41a notice.

Judge: We need clarification on the overwriting. IO needs to clarify.
Sharma: This is what I was given.
#ShankarMishra #AirIndiaincident @airindiain

Sharma: Let it be I don't want to join issues on that.
#ShankarMishra #AirIndiaincident @airindiain

Sharma: i was to appear on Jan 6. Is it that they will make up their mind on Jan 6 that I am evading?
#ShankarMishra #AirIndiaincident @airindiain

On Jan 4 when the FIR was registered, Air India had already initiated an internal inquiry. I appeared before them. I did not run away. If I was an evader, I would have run away.
#ShankarMishra #AirIndiaincident @airindiain

Sharma: They went and obtained a NBW against me on Jan 6.
#ShankarMishra #AirIndiaincident @airindiain

Sharma: The question is can in the very first instance, a NBW be issued? There are case laws which say that in the first instance only a bailable warrant can be issued. Simultaneously I was placed under arrest in Bengaluru.

Sharma: When investigation is on, I make this point everywhere, magistrates should not get into the arena of aiding the investigation.
#ShankarMishra #AirIndiaincident @airindiain

Sharma: According to me Arnesh Kumar was not satisfied and I am entitled to bail on that. That is my first ground.
#ShankarMishra #AirIndiaincident @airindiain

Sharma now refers to IPC sections invoked against Sharma.
#ShankarMishra #AirIndiaincident @airindiain

Sharma now reads the complainant's allegations.
#ShankarMishra #AirIndiaincident @airindiain

Sharma. Of course it is revolting to go through something like this. But when someone unzips himself in a public place, there will be a driving intent for that.

Sharma: The case is that I am inebriated... The question is was the unzipping to satisfy a sexual desire? That is not the case. I am not running away from the fact that it was obscene.

Sharma: Please see sections 509 and 510. They are both bailable offences.
Now please come to 354. It deals with sexual harassment.

Sharma: 'Intent' to outrage the modesty is the scope of inquiry.
#ShankarMishra #AirIndiaincident @airindiain

Sharma: The driving intent... what is that? SC has dealt with how Sec 354 is to be applied.
#ShankarMishra #AirIndiaincident @airindiain

Sharma: The driving force is whether i was driven by lust.
#ShankarMishra #AirIndiaincident @airindiain

Sharma: The complainant's case does not put me as a lustful man... I don't undermine what she went through. the trial will take time. But the man has been sacked... He is not a flight risk.

Sharma: On the date when FIR was registered it was flashed across all new channels but I appeared before the Air India ICC inquiry committee.
#ShankarMishra #AirIndiaincident @airindiain

Sharma concludes.
Public Prosecutor (PP) now addresses the court.
#ShankarMishra #AirIndiaincident @airindiain

PP: This is highly probable that he may influence the complainant. He is a person of means and highly influential. The investigation at an initial stage.
#ShankarMishra #AirIndiaincident @airindiain

PP says that the Police have filed a revision petition against denial of police remand and that is listed for tomorrow.
#ShankarMishra #AirIndiaincident @airindiain

Judge asks IO how many statements have been recorded.
IO: We have recorded 164 statements of the complainant. Statements of 7 others have been recorded and 6 are yet to be recorded.

Complainant's lawyer says as the man sobered up he apologised for the incident and the Air India staff tried to mediate.
Lawyer: They are saying we have agreed to a settlement. There is nothing on record to show that I even wanted a mediation.

Lawyer: The court has to examine whether bail can be granted to an offender who first said that he did, apologised for it but later recanted.
#ShankarMishra #AirIndiaincident @airindiain

Lawyer: He is saying he was intoxicated. Intoxication can never be a defence. It's not his case that he was given liquor without his knowledge.
#ShankarMishra #AirIndiaincident @airindiain

It was on account of his influence that Air India chose not to register an FIR: Lawyer.
#ShankarMishra #AirIndiaincident @airindiain

Lawyer: My complaint was on 28, it was only because of his influence that FIR took so many days.

Lawyer: The Father of the accused is sending me messages in WhatsApp. He says Karma will hit me and then deletes the message.
#ShankarMishra #AirIndiaincident @airindiain

Lawyer: On the date of arrest he writes this message.
Judge: How did your number get to him?

Lawyer: That's Air India's fault. They made me sit across from the offender and at that time my number was exchanged.
#ShankarMishra #AirIndiaincident @airindiain

Sharma: These kinds of allegations are baseless that is being made. This is not my father's number.
#ShankarMishra #AirIndiaincident @airindiain

Sharma: The settlement amount was 15K. His son in law who is a professor in US writes a mail to Air India asking for compensation for the ticket fair. He says if it is not done, he will reveal the incident to media.

Judge: Arguments heard. Order reserved.
#ShankarMishra #AirIndiaincident @airindiain