Bail of school trustee accused of sexual assault cancelled

MUMBAI: Over four months after he was set free on bail in a May 2017 case of sexual assault of a kindergartner, a French national and trustee of an international school in Mumbai's suburbs has been directed to surrender by the Bombay High Court.

Justice Revati Mohite-Dere, while dictating the order on Monday, also rejected a plea made by the trustee's lawyer seeking a stay on her decision on the grounds that he wanted to challenge the order before the Supreme Court. "Once I come to the conclusion that the order granting bail is perverse, there is no question of granting [any] time to surrender," the court said while rejecting the plea.


The HC observed that the child had identified the trustee as the perpetrator of the crime through a photograph, and that all statements recorded by the police as well as the magistrate under section 164 of the Criminal Procedure Code were "consistent with his complicity".

The court added that the observation made by Dindoshi sessions court judge AD Deo while granting bail to the trustee on November 23, 2017, was erroneous. While granting bail, Judge Deo had observed, "Perusal of the case diary reveals that there are two statements of the victim. Prima facie, her first statement recorded immediately after lodging of the FIR does not support the allegation levelled against accused No.1 (the trustee)." The court had also made observations that there was no incriminating evidence against the trustee.

The HC, however, on Monday said that these observations were contrary to the records and held that "prima facie, there was sufficient evidence pointing towards his complicity". The HC also observed that the trustee was granted bail although the investigation was still underway and the chargesheet was yet to be filed.

The victim's mother, through lawyer Vijay Hiremath, had approached the HC seeking cancellation of his bail on the grounds that he could influence the witnesses. The school staff have been cited as witnesses in the case. The HC accepted that there was a possibility of the accused influencing witnesses.