Alleged Murderous attack on Advocate; Court summons ‘case diaries’ on Oct 20

19/10/2017

JAMMU, Oct 17: The Chief Judicial Magistrate Jammu Mr. Ashwani Kumar Sharma Chief Judicial Magistrate Jammu directed the SHO Police Station Channi Himmat/ I/O to produce the case diaries in the Bail application of accused Ankit Gupta and Mohit Gupta who are under arrest for allegedly committing murderous assault on one Advocate Vishal Mahajan.
It may be mentioned that a murderous assault on Advocate Vishal Mahajan son of Advocate M P Gupta by committed by his own brothers in law namely Ankit Gupta and Mohit Gupta and 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 Mohit Gupta.
It may be mentioned that both the arrested accused have filed a bail application before the CJM Court Jammu, where the victim Advocate Vishal Mahajan who was still admitted in hospital undergoing treatment at GMC Jammu has filed an application for seeking permission from the Court to be impleded and has sought to oppose the bail of the accused.
Mr. A.K Sawhney ,Mr Aseem Sawhney Advocates appeared alongwith battery of Lawyers including Mr. Kuldeep Pangotra Advocate, Mr M.P Gupta , Mr Jagmohan Gupta Advocate, Neeraj Singh, Utkarash Pathania, Shiv Dev Singh Thakur, Ila Sharma , Anil Kumar Sharma and Rupali Chadha Advocates appeared for the victim.
After perusing the status report in the matter, the Court directed the Prosecution to bring the Case Diaries on 20.10.2017 so that the arguments can be heard on that day. The Court also directed the latest medical status of the victim be also submitted to the Court.
Mr D S Saini and Mr M S Saini Advocates appeared for the accused/ applicants and sought release of the accused/ petitioners who are in custody since 12/13.10.2017 on bail whileas Mr A K Sawhney and Mr Aseem Sawhney Advocates opposed the Bail. Before the lengthy arguments could take place the Court directed the Prosecution to produce the CD file and medical report of victim.
Mr Aseem Sawhney while making submissions in the jam packed Court said that the Police has given a statement in the status report that the other accused are absconding but one of the absconding accused Amisha Gupta has appeared in the Court and is attempting to make submissions personally whileas she has the assistance of lawyers. he requested the Court that the prosecution be directed to arrest her as she was an absconding accused as per Police and how the accused has an audacity to appear in the Court. Infact the lady tried to make submission for release of her brothers who had committed attempt to murder of Vishal Mahjan who happens to be the hsusband of Amisha Gupta and the matrimonial discord grew so much that the brothers of the lady, attached the husband with bats and weapons.
Mr Sawhney submitted that the said lady is trying to play emotional card here in the Court so as to seek the concession fo bail for her brothers who have taken law into their hands.
The Court did not allow anyone to create a scene in the court and observed that accused are being represented by the senior counsel and Mr. D. S Saini Advocate his associates and proper fair hearing will be given in to them on 20th Oct. when case diaries will also be before the court .
It would be worthwhile to mention that In the application of the victim 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.

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