Bombay HC Dismisses Rakhi Sawant’s Pre Arrest Bail Plea In Case Against Her For Leaking Explicit Video of Ex Husband

Read Time: 04 minutes

Synopsis

It was alleged that Sawant had played the said explicit video of Adil Durani on a TV Show. Further, it was alleged that Sawant circulated the video on WhatsApp groups and also transmitted the videos by sharing the links

The Bombay High Court has dismissed the anticipatory bail plea of Rakhi Sawant in a case filed against her for leaking the explicit video of her ex-husband Adil Durani.

A single-judge bench of the high court comprising Justice Sarang Kotwal was hearing the application filed by Sawant seeking pre-arrest bail.

Rakhi Sawant had earlier approached the high court challenging the order of the sessions court. However, the application was withdrawn by her after Justice Sarang Kotwal expressed his disinclination to grant relief.

The pre-arrest bail application was withdrawn based on a statement made by Sawant's advocate.

When an unconditional statement is made by a party, and an order is passed by the court based on that statement, it is not to be challenged as the order is passed with the consent of the party and their statements.

Rakhi Sawant withdrew her application from the high court on February 07, 2024, based on her statement. However, she later challenged this withdrawal before the Supreme Court.

Before the Supreme Court, Sawant again submitted that she would withdraw the Special Leave Petition and avail her remedies before the high court, which was allowed.

Subsequently, Sawant filed another pre-arrest bail application before the high court, which has now been rejected.

“There is some sanctity to the statement made before the Court. After that, this order was challenged before the Hon’ble Supreme Court, in which, the Hon’ble Supreme Court permitted the learned counsel to withdraw the said Special Leave petition. In this background, it will not be appropriate for this Court to entertain this application,” the court said.

Sawant was booked under sections 500 (defamation) and 34 (common intention) of the Indian Penal Code and Section 67A (publishing sexually explicit material in electronic form) of the Information Technology Act.

It was alleged that Sawant had played the said explicit video of Adil Durani on a TV Show. Further, it was alleged that Sawant circulated the video on WhatsApp groups and also transmitted the videos by sharing the links.

Case title: Rakhi Anant Sawant vs State of Maharashtra & Anr