Kanda’s bail cancellation: HC reserves judgement

kanda-mainThe Delhi High Court on Friday reserved its judgement on the plea filed by the city police opposing the bail granted to former Haryana minister Gopal Goyal Kanda in the air hostess Geetika Sharma suicide case.

Justice V P Vaish reserved the judgement after Additional Solicitor General Sidhartha Luthra, appearing for the police, Kanda’s counsel and counsel of Ankit Sharma, brother of Geetika, concluded their respective arguments.

The lower court had on October 14 last year dismissed the bail plea of Kanda and, later, on March 4 this year, granted him bail after noting that co-accused Chadha had been released on bail by the high court.

Kanda and Chadha are facing trial for betting the suicide by the 23-year-old Geetika who was earlier employed as an air hostess in Kanda’s MDLR airlines.

Earlier, the court had asked Kanda and Delhi Police to file their replies to the bail cancellation plea. The plea had alleged that being an “influential” politician, Kanda may tamper with evidence and influence the witnesses in the trial.

The trial court had, while granting bail to Kanda, observed that the former minister had been in judicial custody since August, 2012 in connection with the case.

Chadha was arrested on August 8, 2012, while Kanda had surrendered a few days later on August 18.

Both the accused have also been charged with forgery for cheating and harming the reputation of the victim.

Geetika was found dead on August 5, 2012, at her Ashok Vihar residence in north west Delhi. In her suicide note, she had said she was ending her life due to “harassment” by Kanda and Chadha.

The police had in its charge-sheet said Kanda was obsessed with the victim and was putting pressure on her to come back to his company.

(Source: PTI)

Delhi court issued a Notice to police, Geetika case sent for committal

Notice to Delhi Police has been issued by a Delhi court on former Haryana minister Gopal Kanda’s plea seeking mirror images of electronic data and documents relied upon by the prosecution in air hostess Geetika Sharma suicide case.

While issuing notice to the prosecution, the court made it clear that the pendency of the plea shall not affect the proceedings in the matter in any manner.

Additional Sessions Judge Kamini Lau asked the prosecution by Monday to file its reply to Kanda’s plea seeking copies of electronic data, documents and FSL report collected and also relied upon by the prosecution.

Kanda and also his co-accused and aide Aruna Chaddha had moved the Sessions court against the December 3 order of the Additional Chief Metropolitan Magistrate D K Jangala by which their plea for certain documents was dismissed.

Defence counsel told the court that the prosecution has been hiding documents and data collected by it during investigation and which might turn in favour of their clients.

The ASJ, however, made it clear that “any order passed by the ACMM (who was conducting the proceedings in the case) shall be subject to the outcome of the revision petition.”

Meanwhile, the ACMM sent the case file to the District Judge for December 13 when it is likely to be committed to a Sessions court for trial.

Both Kanda and and Chaddha are accused of abetting Geetika’s suicide. She was found dead at her Ashok Vihar residence in Delhi on August 5.

In her suicide note, Geetika had said she was ending her life due to “harassment” by Kanda and Chaddha.

High Court seeks Delhi Police’ response to Gopal Kanda’s bail plea

The city police has been asked by The Delhi High Court  to file its response to the bail application of former Haryana minister Gopal Goyal Kanda, an accused in the air hostess Geetika Sharma suicide case.

“You just file the reply to the bail application. Put up for hearing on November 19,” Justice Pratibha Rani told additional solicitor general (ASG) Siddharth Luthra who attempted to raise certain objections to Kanda’s bail plea.

The hearing on the bail application of Kanda, who is in jail since his arrest on August 18, was deferred twice in the forenoon today on the ground that the arguing counsel Ramesh Gupta was on his way to the court room.

According to justice “Enough is enough. Your counsel is still on his way to the court. No more pass over can be granted. I am adjourning the matter to some other date”

During the brief hearing, ASG Luthra, appearing for Delhi Police, said, “The accused is seeking bail on the ground that charge sheet had already been filed but he has not annexed the copy of the charge sheet with his petition to be heard by this court. I have got a serious objection to it.”

Earlier, another bench of Justice PK Bhasin had recused itself from hearing the bail plea of Kanda without citing any reason and had asked the registry to place it before some other court.

On November 1, Kanda had moved the high court against the September 20 order of the trial court which dismissed his bail plea on the ground that further probe was needed in view of a police report that the victim was pregnant in March this year.

Geetika, 23, was found dead on August 5 at her Ashok Vihar residence in North West Delhi. In her August 4 suicide note, Geetika said she was ending her life due to “harassment” by Kanda and his aide Aruna Chaddah, co-accused in the case. They, however, denied the charge.

Earlier, Kanda’s anticipatory bail plea had been rejected by the trial court and the Delhi High Court, following which he had surrendered before the police on August 18.

Chaddah is also in jail, after her bail pleas were rejected by the trial court on September 7 and October 15.

She had sought bail on the ground that she is a single parent and has a seven-year-old daughter and also old parents to look after.

On October 6, the city police filed a charge sheet before the trial court against Kanda and Chaddah for allegedly being involved in “a series of wilful and malicious acts of mental torture, threat, blackmail and stress” against Geetika which led to her suicide.

The police has accused the duo of “harassing, conspiring, intimidating and creating an atmosphere of terror and continuous pursuit” in the victim’s mind that “she found no option but to end her life”.

The charge sheet, which runs into 1020 pages, cites 65 prosecution witnesses including the gynaecologist who had aborted Geetika’s foetus in March 2012.

Kanda and Chaddah have been charge sheeted under section 306 (abetment of suicide), 120 B (criminal conspiracy), 506 (criminal intimidation), 201 (destruction of evidence), 467 (forgery of valuable security), 468 (forgery with intention to cheat), 469 (forgery with intention to harm reputation) and 471 (using forged documents as genuine) of Indian Penal Code.

They have also been booked under section 66-A of the Information and Technology

Court extends Kanda judicial custody till October 12

A Delhi court extended today till October 12 the judicial custody of former Haryana Minister Gopal Kanda in a case lodged against him and his brother Govind for allegedly evading court proceedings in a cheque bounce case.

Arrested also for his alleged role in the Geetika Sharma suicide case, Gopal Kanda’s custody was extended by two weeks by Metropolitan Magistrate (MM) Jasjeet Kaur in the case related to the avoidance of court proceedings in the 14-year-old cheque bounce case.

His custody was extended after he was produced before MM Kaur after expiry of his judicial custody in the case for avoiding court proceedings.

Kanda’s brother Gobind had earlier been granted interim bail in the case till October 10 by District Judge (DJ) H S Sharma on a personal bond of Rs 10,000 with a surety of the like amount.

The case against Kanda brothers for evading the court was recently lodged by the Delhi police on a court’s direction.

In May this year, they had been declared proclaimed offenders in the cheque bounce case which they had settled last month in an out-of-court agreement.

The police had registered the case against Kanda brothers under section 174 A (punishment for non-appearance in response to court proclamation) of the IPC which entails a jail term up to three years.

The court, while directing the police to lodge the case against Kandas, had said evading court summons and warrants is different from cheque bounce case and acquittal in one case does not absolve anyone of the second offence.

Geetika Sharma suicide: Delhi court rejects Gopal Kanda’s bail plea

A Delhi court on Thursday rejected the bail application of former Haryana minister Gopal Goyal Kanda, who is one of the accused in the Geetika Sharma suicide case. Kanda had moved the Rohini court of District and Additional Sessions Judge SK Sarvaria in New Delhi for bail.

Kanda along with Aruna Chaddha are the prime accused in the Geetika suicide case. Earlier the court had rejected Aruna Chaddha’s bail application too.

The sitting Haryana MLA was arrested on August 18 after he had surrendered before the police, 13 days after Geetika was found dead in her Ashok Vihar house in North West Delhi. He was then remanded in judicial custody on August 28 after the Delhi Police said he was not required for further custodial interrogation.

Earlier, his anticipatory bail plea was rejected by the trial court and the Delhi High Court, following which he surrendered before the police.

In her suicide note, Geetika had alleged Kanda and Aruna Chaddha, an MDLR employee, were harassing her to rejoin the former minister’s firm after she left the job.

In her August 4 suicide note, 23-year-old Geetika said she was ending her life due to “harassment” by Kanda and Chaddha. Both Kanda and Chaddha have been accused of abetting Geetika’s suicide.

However, Kanda has been reiterating before the court that no case of abetting suicide is made out against him and that Geetika was “hypersensitive” and the extreme act on her part was that of a “confused and frustrated individual”.

(Source: PTI)

Geetika Sharma suicide case: Kanda moves bail plea

Former Haryana Minister Gopal Kanda, an accused in former air hostess Geetika Sharma suicide case, today moved a bail application before a Delhi court.

The bail plea will come up for hearing tomorrow before District and Additional Sessions Judge S K Sarvaria.

The sitting Haryana MLA was arrested on August 18 after he had surrendered before the police, 13 days after Geetika was found dead in her Ashok Vihar house in North West Delhi.

He was then remanded in judicial custody on August 28 after the Delhi Police said he was not required for further custodial interrogation.

Earlier, his anticipatory bail plea was rejected by the trial court and the Delhi High Court, following which he surrendered before the police.

In her suicide note, Geetika had alleged Kanda and Aruna Chaddha, an MDLR empployee, were harassing her to rejoin the former minister’s firm after she left the job.

In her August 4 suicide note, 23-year-old Geetika said she was ending her life due to “harassment” by Kanda and Chaddha. Both Kanda and Chaddha have been accused of abetting Geetika’s suicide.

However, Kanda has been reiterating before the court that no case of abeting suicide is made out against him and that Geetika was “hypersensitive” and the extreme act on her part was that of a “confused and frustrated individual”.

Court extends JC of Kanda, Chaddha through video conference

A Delhi court today extended the judicial custody of former Haryana minister Gopal Goyal Kanda and that of his aide Aruna Chaddha in the Geetika Sharma suicide case by 14 days, conducting its proceedings through video conferencing.

Metropolitan Magistrate Bhupinder Singh remanded Kanda and Chaddha to judicial custody till September 25 after the Delhi police said investigation in the case was still on.

The duo were not brought to the court physically from Rohini Jail after expiry of their judicial custody today.

“Accused (Kanda and Chaddha) produced through electronic video linkage (EVL). Heard. Accused be remanded in judicial custody till 25,” Metropolitan Magistrate Bhupinder Singh said.

The court had earlier allowed the Delhi police’s plea for conducting proceedings through video conferencing as, the police said, a huge crowd gathers in court premises when the two accused are produced there.

The police had said that due to media hype and the crowd of onlookers and supporters of the accused, they did not want to bring them to court physically.

In future proceedings also, Kanda and Chaddha would be produced before the judge through video conferencing.

Kanda was arrested on August 18 after he had surrendered before the police, 13 days after former air hostess Geetika Sharma was found dead on August 5 in her Ashok Vihar house in North West Delhi.

Chaddha was arrested on August 8 after she was called for questioning by the police for her alleged role in the case.

In her suicide note, Geetika had alleged that Kanda and one of the MDLR employees, Chaddha, were harassing her to rejoin the former minister’s firm after she left the job.

In her August 4 suicide note, 23-year-old Geetika had said she was ending her life due to “harassment” by Kanda and Chaddha. Both Kanda and Chaddha have been accused of abetting Geetika’s suicide.

Fresh case registered against Gopal Kanda

A fresh case was registered here against former Haryana minister Gopal Goyal Kanda, an accused in the Geetika Sharma suicide case, for not appearing before a court in a 14-year-old dud cheque matter, police said on Wednesday.

Kanda is in 14-day judicial custody till September 11, for allegedly abetting the suicide of 23-year-old former flight attendant Geetika.

On the direction of a court, Kanda and his brother Govind, were declared proclaimed offenders in the cheque-bounce case, which they had settled out of court last month.

A senior police official said they registered a case under Section 174-A (punishment for non-appearance in response to court proclamation) against the brothers in Connaught Place police station on Tuesday on court’s direction.

While directing the registration of case, the court said evading court summons and warrants is different from cheque-bounce case and acquittal in one case does not absolve anyone of the second offence.

“The offence under Section 174 A (proclaimed offender) of the Indian Penal Code and Section 138 of the Negotiable Instruments (NI) Act (cheque-bounce case) are two distinct offences. The acquittal of the accused in the compoundable offence under section 138…does not bar investigation into the offence under Section 174 A IPC,” Metropolitan Magistrate Vikrant Vaid had said.

Both the brothers faced summons and then warrants by the Delhi court ever since the 1998 case when Rs 4 lakh cheque issued by Kanda had bounced. But the two failed to appear before it.

But, finally in May this year, the court declared both of the brothers proclaimed offenders for not heeding its repeated summons and warrants to appear before it.

On August 18, Govind was arrested for helping Kanda escape police in the suicide case.

On the same day, the court of Metropolitan Magistrate (Saket court) Vikrant Vaid, while granting bail to Govind in the cheque-bounce case, also asked police to file a reply on the steps taken against Kanda for ignoring the court’s order for appearing before it despite various summons.

The court asked the police to give reply August 27.

Although, the case of bounced cheque was sorted out between the two parties August 27, police failed to give their reply why no action was taken against Kanda for ignoring court’s summons.

If Kanda brothers are convicted under Section 174 A of the IPC, they could get a maximum punishment of three years.

Kanda had resigned as Harayna’s minister of state for home after he was charged with abetting the suicide of Geetika Sharma.

Geetika in her suicide note had accused Kanda of harassing her and forcing her to commit suicide. She died on the night of August 4-5 at her house in New Delhi. Kanda has denied the allegation.

Kanda sent to judicial custody till Sept 11 in Geetika case

Former Haryana minister Gopal Goyal Kanda, key accused in the Geetika Sharma suicide case, was on Tuesday sent to 14-day judicial custody by a Delhi court.

Additional Chief Metropolitan Magistrate D K Jangala remanded Kanda to judicial custody till September 11 after the Delhi police said he was not required for further custodial interrogation.

Kanda was produced before the court after expiry of three days of police custody, which was extended on August 25 after seven days of custodial interrogation.

Kanda was arrested on August 18 after he had surrendered before the police, almost 13 days after former airhostess Geetika Sharma was found dead on August 5 at her Ashok Vihar residence in northwest Delhi.

In her suicide note, Geetika had alleged that Kanda and one of the MDLR employees Aruna Chaddha were harassing her to rejoin the former minister’s firm after she left the job.

Kanda sent to judicial custody till Sept 11 in the Geetika case. He also moved an application for a separate vehicle for transporation from Tihar jail to court saying that currently he is a member of legislative assembly from Sirsa, Haryana and till recently, he was the minister of home affairs of the state and feared from being attacked in jail van.

The court allowed Kanda’s plea for a separate vehicle for transportation to and from Tihar jail and court. “In the fact and circumstances, considering security and safety of the accused, his applications are allowed, because it relates to personal safety,” the court said.

The application filed through advocate Somesh Arora said till now Kanda was under police protection but now he has been remanded to judicial custody, “there is strong possibility of physical attack upon him during the transportation from Tihar jail to court”.

The court also allowed Kanda plea that he is a patient of high blood pressure and he be allowed to carry his medicines in the jail.

Earlier, the police had said that Kanda was evasive in his answers and the investigators had sought his custody to recover his and Geetika’s mobile phones and missing hard disk of his computer installed at his house.

On August 16, a magisterial court had issued a non-bailable warrant against the former Haryana minister.

The court had asked the police to execute the arrest warrant by August 24.

Earlier, Kanda’s anticipatory bail plea was rejected by a sessions court and the Delhi high court.

Kanda’s employee, Aruna Chaddha, a senior functionary with now defunct MDLR airlines, arrested on August 8 is also in judicial custody in connection with the suicide of 23-year-old airhostess Geetika Sharma.

Both Kanda and Chaddha have denied the allegations.

Cheque bounce case: Court acquits Kanda, brother

Former Haryana Minister Gopal Goyal Kanda, arrested in ex-air hostess Geetika Sharma suicide case, and his brother were on Monday acquitted by a Delhi court in a 14-year-old cheque bounce case as they settled the matter with the complainant by paying Rs 4.10 lakh.

“In view of the statement of the AR (authorised representative) of the complainant, the present case is disposed of as compromised and the accused (Kanda and his brother Gobind) are acquitted…,” Metropolitan Magistrate Vikrant Vaid said.

During the hearing, the representative of complainant M/s Indo Polycoats Pvt Ltd told the court that the dispute has been settled and the case be allowed to be withdrawn. The plea was allowed.

The counsel for the complainant, Dharmender Priani, said that nothing remained as the matter has been amicably settled and the accused have already paid outstanding Rs 4.10 lakh to the firm.

The court was hearing a cheque bounce case against Gobind and Gopal lodged on the complaint of Indo Polycoats Pvt Ltd, engaged in manufacturing of coated fabrics and vinyl flooring.

In August 1997, the complainant had got a request from Kandas’ company –Kanda Polymers — in August 1997, for supply for coated fabrics to them.

Two cheques of Rs 2 lakh and 2.10 lakh were issued by accused Gobind, as authorised signatory of the firm, in the name of the complainant firm and a case under the Negotiable Instruments Act was filed against them as the cheques got dishonoured due to “insufficient” balance.

Kanda brothers, who were declared proclaimed offenders last year after they did not appear before the court, got arrested only after the magisterial court on August 16 had issued non-bailable warrant against Gopal Kanda in connection with the suicide of 23-year-old air hostess Geetika Sharma.

Gobind got bail after being produced before the court on August 18. However, Gopal who is in police custody in connection with suicide case, has sought exemption from personal appearance and this was allowed by the court.