Introduction:

In a legal twist, a Dindoshi Court in Mumbai rejects model-actress Rakhi Sawant’s anticipatory bail plea related to alleged possession and circulation of sexually explicit videos involving her estranged husband, Adil Durrani. The court distinguishes between sections 67 and 67A of the Information Technology Act, citing the material as sexually explicit. Sawant’s criminal antecedents and a previous case add complexity to the court’s decision.

Arguments:

Sawant’s lawyer contends that the estranged husband, who recorded the videos, should also be a co-accused. He argues that the videos’ content wasn’t visible during the TV show airing, citing High Court rulings to distinguish between sections 67 and 67A of the IT Act. However, the prosecution opposes the bail, asserting Sawant transmitted sexually explicit material. They highlight her previous case, where anticipatory bail was denied, and the need to seize devices used for transmission.

Court’s Judgement:

The court dismisses Sawant’s argument, stating the videos were not just obscene but sexually explicit. It notes her criminal background and rejects anticipatory bail, emphasizing the discretion of the court. Interim protection continues till January 11, allowing Sawant to approach the High Court. A stay on the order is granted until January to facilitate the appeal process.