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HindustanTimes Thu,24 Apr 2014

Court refuses to hear bail plea of Vinay Kumar

PTI  New Delhi, June 19, 2013
First Published: 21:16 IST(19/6/2013) | Last Updated: 02:03 IST(20/6/2013)

A Delhi court on Wednesday refused to hear the interim bail plea of Vinay Kumar, one of the accused in the December 16 gang rape case, saying it has “no jurisdiction”. Kumar wanted bail to appear in an examination.

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Vinay, who along with three other co-accused is being tried by a special judge at the Saket district courts, moved the bail plea before a vacation court at the Patiala House district courts here.

He contended that vacation judge at the Patiala House courts had jurisdiction to hear his plea, as the cases relating to Vasant Vihar police station had been transferred here pursuant to a recent administrative order of the Delhi High Court.

Additional sessions judge Dharmesh Sharma, vacation judge at Patiala House courts complex, said, “On perusal of record, I find that the main proceedings are pending before the special designated court/fast track court at Saket courts complex and therefore, this court has no jurisdiction to hear/consider the application moved."

“The application be sent to the court concerned at the Saket courts complex for disposal as per law for tomorrow i.e. June 20,” he said.

Vinay had sought interim bail for a month, saying he had to appear in BA (programme) examination to be conducted by the School of Open Learning, University of Delhi.

His counsel A P Singh told the court that his first paper was scheduled on Wednesday at 3 pm and Vinay be sent under custody to appear in the examination.

During the hearing, special public prosecutor A T Ansari said the trial in the case is going on in a special fast track court at Saket and the interim bail application should have been filed there.

During the hearing, Vinay’s counsel told the court he had received admit card for the exam last Saturday after which he had approached the Saket court for bail but was told there that the vacation judge of the Vasant Vihar police station, where the case was lodged, would hear it.

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