Murderous assault on Advocate by in laws

Court defers bail application on Oct 16, victim files application opposing bail, other accused absconding

16/10/2017



JAMMU, Oct 15: In a case of murderous assault on Advocate Vishal Mahajan son of Advocate M P Gupta by his own brothers in law namely Ankit Gupta and Rohit Gupta an FIR was registered at Police Station Channi Himmat Jammu under sections 307, 452, 147 RPC and 4/25 Arms Acts.
In this connection the FIR has named as many as 6 accused who entered the house of the Advocate with intention to kill him and caused grievous injuries to him. Out of these 6 accused only two have been arrested by the Police namely Ankit Gupta and Rohit Gupta.
It may be mentioned that both the arrested accused have filed a bail application before the CJM Court Jammu, where the CJM Jammu Mr Ashwani Kumar Sharma has called for the status report from the concerned Police.
In the meanwhile the victim Advocate Vishal Mahajan has filed an application for seeking permission from the Court to be imploded and has sought to oppose the bail of the accused. The application for permission to be heard and intervene and oppose bail has been filed by victim through Advocate.
A K Sawhney and Advocate Aseem Sawhney with Urkarsh Pathania, Neeraj Singh, Shiv Dev Thakur, Anil Sharma, Ila Sharma, Anil Kumar and Rupali Chadha Advocates.
The Court after hearing submissions of Advocate A K Sawhney and perusing the application has issued notice to the accused and directed filing of Status report and objections to this application.
In the application it has been submitted that that the petitioners are brothers in law of the applicant/ victim and have tried to eliminate him by committing a murderous assault on him after they came prepared to kill. The accused brought a baseball bat, kirch (hurra) and other weapons with them after making a preparation to kill the applicant- who had matrimonial problems with his wife namely Ms Amisha, who happens to be sister of the accused.
In the application Mr Sawhney submitted that assuming not admitting that there were problems in the matrimony of the applicant with his wife, still howsoever grave the problems were still the petitioners/ accused were not permitted by any law to take law in hands and tried to kill him. The act is totally illegal and the act of the petitioners is very serious and therefore the applicant be permitted to assist the Court in this matter and arguments be considered
It was further submitted the applicant is still in Hospital - GMC Jammu and is under treatment as his hand has been fractured, the injured caused on head, back, legs etc are serious in nature. There have been about 15 stitches put on the body of the applicant nd the other accused who were hand in glove to kill/ eliminate the applicant are still absconding and have not been arrested by the Police, therefore at this stage the bail application may kindly be rejected he requested.
It was submitted it is settled principle of law that granting bail in non-bailable offence is a concession allowed to the accused and it pre-supposes that this privilege shall not be abused. The Advocates appearing for the victim requested that they be given permission to oppose the bail.
The Bail application by the accused has been filed through Mr D S Saini Advocate.

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