Five days after a sessions court rejected the bail application of Sooraj Pancholi (22),his lawyers on Wednesday moved the Bombay High Court challenging the lower courts order.
Sooraj was arrested on June 10 for allegedly abetting the suicide of his girlfriend actor Jiah Khan. Sooraj is the son of actors Aditya Pancholi and Zarina Wahab.
Observing that the FIR and investigation papers clearly indicated that the victim was continuously subjected to ill-treatment by Sooraj,the sessions court had rejected his application on June 21.
However,Soorajs lawyers Ashok Mundergi and Shrikant Shivde today challenged the order claiming that the Juhu police had initially,on June 3,filed an Accidental Death Report (ADR),and Sooraj was implicated in the case only after a week.
Calling it an after thought,the lawyers have pointed out that Soorajs arrest was based on undated letters that surfaced a few days after Khans death. The letter was found by Khans mother Rabiya and handed over to the police.
In a six-page undated letter allegedly written by Khan,which the police is using as a dying declaration to charge Sooraj with abetment of suicide,the actor has allegedly spoken of torture and an abortion. However,the letter does not mention when the abortion or abuse took place,and neither attributes any of these specifically to Sooraj,the lawyers have pointed out.
Although the sessions court rejected Soorajs bail application,it pointed out that it was difficult to confirm the authenticity of the letter at this stage. Soorajs defence lawyers contend that the handwriting in the letter and Khans signature were different. The High Court will hear the application on July 5.