Jyoti murder case: Police oppose Chaudhary’s bail plea

Panchkula Police on Wednesday opposed Chaudhary’s bail,seeking that the application moved by the Doon MLA from Himachal Pradesh,Ram Kumar Chaudhary,should be dismissed.

Written by Ishfaq Naseem | Panchkula | Published: April 11, 2013 1:17 am

Panchkula Police on Wednesday opposed Chaudhary’s bail,seeking that the application moved by the Doon MLA from Himachal Pradesh,Ram Kumar Chaudhary,should be dismissed.

The police stated that it is competent to continue the investigations even after filing the challan against him to bring further evidence before the court about his involvement in the murder. This was given by it in a written reply to the court of Chief Judicial Magistrate (CJM),Bhawna Jain.

Giving a point-by-point reply to the earlier application moved by Ram Kumar Chaudhary seeking his bail,the police pointed out that the bail application is not maintainable.

Chaudhary had earlier moved the court stating that he deserves to be granted bail as the prosecution has failed to present a complete challan in the court within a stipulated time period of 90 days.

However,the police,in a reply told the court that it has been able to meet the deadline of submitting the challan within a period of 90 days from the date of arrest of the applicant.

The police also noted in the reply that it is not mandatory for the investigating officer (IO) to supply the copies of the challan to all the accused at the same time.

Chaudhary had earlier in the bail application stated that the investigating agency submitted the chargesheet under Section 173 of Cr PC before the Duty Magistrate on 3 April but did not supply him the challan at that time and the case was adjourned upto April 5.

Police also told the court that it has submitted all the relevant documents which the prosecution is relying on and that these documents have been attached with the challan. It noted that the police is fully competent to further investigate the matter under Section 173 (8) of Cr PC.

The reply noted that nothing should be deemed to preclude further investigation in respect of an offence after a report has been forwarded to the Magistrate.

It noted during the investigation that the officer in charge of the police station is competent to obtain further evidence,both oral and documentary,in the case that can be forwarded to the Magistrate.

The Panchkula Police also said in the reply to the court that it has sufficient evidence to prove the involvement of the accused in the crime,countering the point made by the accused that the prosecution has not produced any evidence on ground to show the involvement of the Doon MLA in the crime,except for the mobile call records and the bank records of the deposits allegedly made into the account of the girl by the MLA from Baddi.

The Defence had earlier also pointed out in the bail application that the charges by the police that he visited the nursing home along with the girl to abort her baby do not prove his involvement in the murder.

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