Court grants temporary reprieve to Mallika
The city sessions court on Wednesday granted conditional anticipatory bail to Ms Mallika Sarabhai. She was released on bail of Rs 1 lakh and a surety of the same amount.

Additional sessions judge P.B. Desai said that the order will remain in force for a period of 90 days and Ms Sarabhai can apply for a regular bail within 30 days from the date of the order. She was further instructed not to leave the state without prior permission of the court and was instructed to surrender her passport to the investigating officer Mr M.K. Kataria.

Ms Sarabhai had sought anticipatory bail following a complaint of fraud filed against her by one of her folk dance student Manushi Shah on October 18. Each of the 13 members of the dance troupe that was scheduled to travel to USA and Brazil in February 2002 had to pay Rs 3.3 lakhs to Ms Sarabhai for expenses incurred during the tour. The complainant had alleged that on cancellation of the tour only Rs 3.1 lakhs was refunded and Rs 20,000 was held back.

Opposing the anticipatory bail, special public prosecutor J.M. Panchal on Thursday submitted that the defence Ms Sarabhai adduces can never be taken into consideration at this preliminary stage where the only question under consideration is the grant of anticipatory bail. The evidence available at this stage can neither be weighed nor appreciated and the only aspect under consideration is the involvement of Ms Sarabhai in the offence. The documentary evidence available at this stage discloses that a very serious offence appears to have been committed and no relief other than anticipatory bail can be granted to Ms Sarabhai, he said.

Defence advocate R.K. Shah, however, contended that the complainant has falsely implicated Ms Sarabhai and it is a well-orchestrated attempt to malign and harass her.

Mr J.M. Panchal argued that the behaviour of Ms Sarabhai is to be looked from three different stages. First, her conduct prior to the incident, secondly during the course of the incident coming to light and thirdly, her conduct subsequent to the filing of the complaint.

However R.K. Shah explaining the case said that the fact was a dance troupe was admittedly organised by Darpana Academy to travel to United States and Brazil. An amount of Rs 3.3 lakh was recovered from each of the intending members of the troupe including Ms Sarabhai to cover the expenses of travel, visa, tickets as also their stay in two countries. Bonafide attempts were made to procure the visa to the United States where the complainant Manushi Shah along with other members of the troupe appeared before the consulate in Mumbai. The visas were ultimately not granted to the troupe.

The defence counsel said that out of Rs 3.3 lakh, Rs 3.1 lakh was admittedly refunded to each and every member of the troupe and Rs 20,000 was to cover the cost of training each member in the art of dance performances and other ancillary cost that was not refunded.

The public registration officer, a statutory officer appointed under the Bombay Police Trust Act, conducted an inquiry into the incident and the said officer did not find any irregularity in the matter. Moreover, joint commissioner of police also conducted an inquiry in July 2003 and Ms Sarabhai had submitted a detailed reply clarifying the state of affairs.

Replying to the argument J.M. Panchal contended that investigation is to be carried out whether public registration officer summoned Manushi Shah or not. Moreover joint police commissioner has himself ordered a thorough investigation into the offence after the complaint was lodged.

Republished from The Asian Age