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HC calls for records in Raj’s case

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Express News Service

Posted: Feb 03, 2009 at 0213 hrs IST

Mumbai The Bombay High Court on Monday heard at length the arguments in the state government’s appeal challenging the anticipatory bail granted to Maharashtra Navnirman Sena chief Raj Thackeray.

Justice R P Sondurbaldota called for all the original records from the Kalyan sessions court. In the meantime, the interim relief granted to Raj has been extended by one more week.

Raj had earlier contended that the state’s appeal against him was with an ulterior motive “of getting me rearrested somehow or the other and to detain me in custody with a view to end my political career.”

The court is hearing an appeal filed by the state government challenging Kalyan sessions court’s order not to arrest the MNS chief during the pendency of his anticipatory bail application and the magistrate’s order recalling his own earlier order giving Raj’s custody to Railway Police.

Kalyan sessions judge had granted Raj anticipatory bail, which was extended from time to time in connection with a case registered by the GRP on October 22 for destruction of property.

On October 22, Raj was brought to Kalyan magistrate’s court by Dombivli police, who had booked him in a case related to MNS workers’ attack on north Indian candidates of a Railway Board examination.

The magistrate granted Raj bail. However, the Government Railway Police moved the court, seeking Raj’s custody, as they wanted to produce him before the Railway court in a similar case.

According to the prosecution, the magistrate gave the GRP Raj’s custody, but immediately Raj’s lawyers pointed out that they had filed anticipatory bail application before the sessions court, which had restrained the police from arresting him till October 24.

The magistrate then recalled his earlier order granting GRP Raj’s custody. The state has now challenged these orders stating that it is illegal as the facts indicate that Raj was already taken into custody of railway police due to which the advance bail application was infructuous. “The court has called for all the original records and will hear the case next week,” said special public prosecutor Rohini Salian.

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