Ponty Chadha and Hardeep, who were allegedly involved in a property dispute, were killed in a shootout at a Chhattarpur farmhouse on November 17, 2012. (File photo)
A Delhi court has cancelled the interim bail of sacked Uttarakhand minorities panel chief Sukhdev Singh Namdhari, accused in a 2012 shootout in Delhi that killed liquor baron Ponty Chadha and his brother Hardeep, and sent him to jail.
Additional Sessions Judge Vimal Kumar Yadav sent Namdhari to 14 days' judicial custody while noting that the main complainant, Nandlal Mahto, had turned hostile in the matter and it could not be ruled out that the accused had threatened him and given him gratification to turn him.
"Prosecution Witness Nandlal Mahto has taken a turn and his deposition seems to have been tainted...Thus the possibility as apprehended by the applicant (Hardeep's wife) cannot be ruled out," the judge said while cancelling the interim bail with a direction that Namdhari be produced before the court on the next date of April 18.
The court, which allowed the plea of Mr Hardeep's wife filed through advocate Vijay Aggarwal, also noted that there was no application seeking extension of interim bail which meant that "on expiry of the bail the accused has to surrender and the application succeeds."
"As such the accused be taken into custody and sent to judicial custody, to be produced on next date of hearing on April 18," it said.
Namdhari, the alleged main conspirator in the case, was granted interim bail on November 27 last year on medical grounds, which was extended from time to time.
The court, which noted that it was shown that Namdhari was suffering from various ailments like hepatitis C, blood pressure and heart problems apart from depression and having suicidal tendencies, also directed the prison authorities to continue his treatment in jail.
"The prison authorities are called upon to ensure the treatment of the accused as has been continuing so that the benefits derived so far may not be lost and to the extent possible accused be kept under the constant observation round- the-clock and an exclusive attendant may be made available to him so as to avoid any untoward incident," it said.
The court gave the direction after it was submitted by the police that the accused can be taken to specialised hospitals from jail for treatment and therefore, interim bail is not required to be extended further.
Mr Hardeep's wife had filed the application seeking cancellation of the interim bail on the grounds that accused had induced Mahto, who was also her driver, by gratification to give false evidence before this court on November 25, 2015 and had threatened the family members of the deceased.
The application relied on the statements of Mahto recorded before a Juvenile Justice Board and before the trial court to show that the witness has completely turned hostile.
Namdhari had opposed the cancellation of bail claiming he has not violated the conditions of the bail and in the absence of compelling reasons, it should not be cancelled.
Mr Ponty Chadha and Mr Hardeep, who were allegedly involved in a property dispute, were killed in a shootout at a Chhattarpur farmhouse on November 17, 2012. Subsequently Namdhari was arrested on November 23, 2012. Later, the remaining accused were apprehended.
The trial court in July last year had framed charges under section 302 (murder) read with section 149 (offence committed by member of unlawful assembly) of the IPC against all the 21 accused, including Namdhari and his Personal Security Officer (PSO) Sachin Tyagi.
On January 28, 2014, the trial court had dropped murder charges against all the accused and added the charge of culpable homicide not amounting murder under section 304 of IPC against the alleged main conspirator Namdhari and his PSO Sachin Tyagi.
On May 15 last year, on the plea of police, Delhi High Court had overturned the trial court's decision and directed framing of murder charges against all the 21 accused. The apex court had also upheld the high court's decision.
Mr Ponty Chadha and Mr Hardeep were also chargesheeted in the case.
However, the trial against them had abated as they were killed in the shootout.
The court had ordered framing of criminal conspiracy, common intention and those under the Arms Act against all the 21 accused for trying to take over the disputed farmhouse from the possession of Mr Hardeep.
Delhi Police had filed two chargesheets in the case and levelled murder charges against all the accused. The first chargesheet had named Mr Chadha as an accused as he had reached the place of the incident with Namdhari and others as part of his "well-hatched conspiracy" to take possession of the south Delhi farm house.
The supplementary chargesheet had accused Mr Hardeep in the case, saying the probe had shown Mr Chadha was killed by the shot fired at him by his brother.