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HindustanTimes Sat,30 Aug 2014

Chaudhary applies for bail, cites incomplete chargesheet

HT Correspondent, Hindustan Times  Panchkula, April 08, 2013
First Published: 20:35 IST(8/4/2013) | Last Updated: 20:37 IST(8/4/2013)

Doon MLA Ram Kumar Chaudhary on Monday applied for bail in the court of chief judicial magistrate (CJM) Bhawna Jain on the ground of filing of an incomplete chargesheet in the Jyoti murder case.

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The court issued notice to police for reply on the bail application for April 10. Meanwhile, the judge also fixed the same date for handing over copies of the chargesheet to the remaining accused.

Chaudhary was arrested on January 8 for his alleged involvement in the case. The mandatory 90-day period for filing of the chargesheet was to end on April 7. ACP Virender Sangwan, the investigating officer in the case, filed the chargesheet on April 3, but it was not supplied to Chaudhary who was present in the court. The chargesheet was handed over to Chaudhary only on April 5.

Defence counsel AS Sukhija submitted on Monday that perusing the document signed by Ritu Saini, senior scientific officer who inspected the crime spot, the investigating officer was advised to get photography of the spot and post-mortem done, take into possession the articles from the spot for obtaining the reports of serologist and send bottle of whiskey for chemical examination. He contended that it was on record that police also took hair and blood samples of the accused but no report in this respect was attached to the chargesheet.

"Whatsoever the result may be, once the prosecution draws samples as stated above, the accused has the right to know the outcome of the same. The handwriting report attached with the challan is also inconclusive," submitted Sukhija.

The defence pointed out that the handwriting samples were taken again on April 3 and 5, which itself pointed out that the challan was not complete.

As for Chaudhary allegedly changing his confession before the police regarding the car used in the crime, Sukhija said, "…irrelevant sort of things are mentioned from the mouths of the accused that the defence counsel suggested them not to produce the original car or suggested to destroy the evidence. This definitely amounts to intimidation of the legal profession and the counsels representing the accused persons."

It was also submitted that the police remand of Chaudhary used to be obtained on false grounds and that he was harassed to write false disclosures. 

Regarding submission of phone call details of Jyoti and Chaudhary with the chargesheet, the defence argued that it would not lead to any clue to the commission of the murder by the accused.

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