Updated: August 11, 2021 7:46:46 am
A Delhi court has granted bail to a lawyer, who is an accused in the case of a senior citizen’s death, in view of his ongoing legal education.
The allegations against the lawyer relate to the demise of 75-year-old Maheshwar Dass in July this year following a quarrel he and his friends had with Dass, who had a small tobacco shop, over purchase of cigarettes.
According to the FIR, the accused and his friends allegedly punched, kicked and pushed Dass to the ground after which he fell unconscious and passed away later.
Additional Sessions Judge Vishal Gogne noted “the applicant is evidently a person with societal roots and educational commitment, as reflected from his ongoing legal education.”
The court said the prima facie cause of death, as opined by the competent doctor, was found to be a coronary artery disease, with arterial blockages to the extent of 80-90 per cent.
The court said that “upon a composite reflection upon the nature of the incident, the more than reasonable probability of the applicant not absconding and the cause of death reflected in the medical documents, the court deems it fit that the presumption of innocence is better served by admitting the applicant to liberty”.
The court said that the remaining co-accused who are yet to be arrested does not have any bearing on the question of liberty to the present applicant.
“Police custody of the present applicant having initially been obtained by the IO for one day, the applicant is since in judicial custody, and is evidently not required for purpose of investigation,” the court said.
Earlier, Dinesh Mudgil, NC Sharma and Rajesh Kaushik, the counsels for the accused, told the court that the post- mortem report establishes the cause of death “as coronary artery disease with blockages in the arteries to the extent of 90 percent… the advanced age of the victim was also the cause of his demise”.
The counsels further submitted that “the statement of the eye-witness suggests that the victim and the two accused persons had amicably settled their arguments even if the allegations are taken on face value”.
They also submitted that the applicant is a young lawyer with barely one year of practice and has presently secured a seat in the LLM course.
Additional Public Prosecutor for the State, Yogendra Adari, opposed the application and submitted that ‘the statement of the eye-witness specifically states that the victim was pushed and that even if his demise was due to coronary ailment, the same was precipitated upon the victim being pushed by the accused persons.
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