HC dismisses Kanda’s bail plea, pulls up cops for delay
The Delhi High Court on Friday dismissed the anticipatory bail application filed by absconding former Haryana minister Gopal Kanda, the main accused in the Geetika Sharma suicide case.delhi Updated: Aug 18, 2012 02:18 IST
The Delhi High Court on Friday dismissed the anticipatory bail application filed by absconding former Haryana minister Gopal Kanda, the main accused in the Geetika Sharma suicide case.
The court also slammed the police for not making "serious efforts" to trace him and said it was because of their "inaction" that Kanda "appears to be sitting comfortably somewhere without apprehending his arrest".This comes a day after a lower court issued a non-bailable warrant against Kanda. The order meant that police can take Kanda into custody in the event of his arrest.
Hinting at collusion between Kanda and the police, justice PK Bhasin said: "This application appears to have been
filed only to bring it on record from the side of the police accused himself went underground and police is unable to arrest him."
Rejecting the bail plea on technical grounds, the court said "the application is liable to be rejected, without going into the merits at all, only on the grounds that the same has not been filed by the person apprehending his arrest".
The judge said it cannot be said that the bail plea was filed by Kanda as the affidavit with the application did not carry his name and signature but that of his brother Govind Kumar.
Police soft on Kanda?
The court said police file showed that even though the incident took place on August 5 and co-accused Aruna Chaddha was arrested two days later, Kanda was merely served a notice to appear at the police station.
The court also blasted the police for withdrawing a plea before a lower court seeking permission to search Kanda's house on August 8 and questioned why any new application was not filed.
Appearing for police, additional solicitor general Sidharth Luthra told the court they had enough incriminating evidence against Kanda and wanted his custodial interrogation for a deeper probe and also to confront him with co-accused Chaddha.
Kanda's lawyer KTS Tulsi claimed there was nothing in the two documents being relied — Sharma's suicide note and the FIR lodged by her mother — show that Kanda had incited her to commit suicide.