Judge Siraj Desai, charged with the alleged rape of a South African woman in India, will leave Mumbai, India, on Friday, said Department of Foreign Affairs spokesperson Ronnie Mamoepa.
Mamoepa said the South African High Commission in India has confirmed that Indian authorities returned Desai’s passport.
”He is free to return to South Africa and would probably arrive tomorrow [Saturday],” he said.
Desai was granted bail of R1 500 earlier on Friday.
AFP reported Bombay Sessions Court Judge ML Pahaliyani released Sirajuddin Desai on bail after a brief hearing.
Mamoepa said it is not yet known what will happen to the charges laid against the judge. Salome Isaacs, the woman who accused Desai of raping her, withdrew the charge on Thursday.
In a statement signed by Isaacs and her husband Mark, she said: ”I hereby wish unconditionally to withdraw the allegation of rape against Mr Siraj Desai.”
AFP reported it was not immediately clear why the police proceeded with charging Desai, and why a lower court ordered him to remain in custody until February 6.
A higher court later reversed the custody ruling, granting him bail on Friday afternoon.
Legal observers in India said charges in rape cases cannot be withdrawn, because of the possibility of victims being pressured.
AFP said the case must proceed to a court hearing, where a judge will determine whether there is enough evidence for trial. At that stage, if there is no victim complaint and insufficient police-gathered evidence, the court could dismiss the case.
Desai was arrested by Indian police on Monday after Isaacs (26), a South African Aids activist, told police the judge raped her in his hotel room when she went to meet him at 3am on Sunday to discuss the next day’s events at the World Social Forum being held in Mumbai.
Desai had denied any wrongdoing. — Sapa
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