The Bombay HC continued interim relief against arrest to businessman Raj Kundra in a November 2020 case registered by the nodal cyber police station for alleged distribution of obscene content. The case also invoked the Indecent Representation of Women (Prohibition) Act.
Kundra is in judicial custody in connection with another case under the Information Technology Act for alleged publishing and transmission of “pornographic content” registered earlier this year. His counsel submitted that two other co-accused were granted protection earlier.
In a similar relief to co-accused Umesh Kamat, the HC continued interim relief of pre-arrest bail to him in the November 2020 case. Kamat’s case, through his lawyer Sudatta Patil, is that his name is not even mentioned in the FIR and he has no role or nexus in the alleged offence. Kamat is out on bail in the case after a three-month stint in custody.
Both Kundra and Kamat have challenged the sessions court order which had refused them anticipatory bail, but had granted interim protection till rejection of their plea. Kundra’s senior counsel Shirish Gupte and Patil informed Justice S K Shinde that the copy of the sessions court order is not yet available. The prosecutor, PP Shinde, sought time till August 25 in Kundra’s petition to seek instructions for a response.
The HC adjourned both matters to August 25 and said pending hearing, “no coercive steps shall be taken” against them.