Observing that the murder of the 24-year old Hoshiarpur girl,Jyoti Kumari,was brutal,District and Sessions Judge,Ravi Kumar Sondhi,in the bail orders held that at this stage there is involvement of Doon MLA Ram Kumar Chaudhary in the crime.
The court also pointed out that the MLA cant claim his right to attend the assembly session when he is facing murder trial. Both the bail application and the one moved for attending the Assembly session were rejected by the Court.
The court while disposing off these applications held,The deceased died homicidal death under suspicious circumstances and the prosecution has put forward complete chain of circumstantial evidence which shows modus-operandi leading to this murder and destruction of evidence and then absconding of the applicant-accused with the help of his other co-accused and the destruction of evidence during this period,are some of the facts that make a prima facie case of involvement of applicant-accused in the murder. The court denied bail stating At this stage there is nothing on record to say that the applicant accused has been falsely implicated or cant be linked with the case.
The court further noted that applicant and his co-accused have already been chargesheeted on the basis of prima facie evidence and it is the matter of trial to know the ultimate outcome of the case set up by the prosecution.
The District and Sessions Judge further held that the plea put forward by the counsel will be considered only if the prosecution is able to conclude its evidence and then it will be seen whether all the circumstantial evidence relied upon by the prosecution is duly established on record. The order further noted that at this stage no detailed enquiry to see this aspect of the matter can be resorted to,on the contrary as argued by the Public Prosecutor,the voluminous circumstantial evidence collected by the police during investigation of the case which was conducted by SIT clearly shows that there is sufficient prima facie evidence at this stage to put the applicant accused and his co-accused persons on trial on the basis of evidence relied upon by prosecution.
The court has further held that the applicant is facing trial for the commission of grave offence of murder by hatching a conspiracy and has no right to seek the permission to attend the Himachal Assembly session.