Saturday, June 2, 2001, Chandigarh, India





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Rs 45 cr bond imposed on BMW case accused

New Delhi, June 1
Taking a cue from the conditions imposed on Hinduja brothers by the Supreme Court granting them permission to go abroad, the Delhi High Court today directed BMW car hit and run case accused Sanjeev Nanda, a British national, to execute a bond of Rs 15 crore and two sureties of the same amount while allowing him go to the USA for 22 days.

Mr Justice R.S. Sodhi, imposed the bond and surety amount on Nanda, the grandson of former Navy Chief S.N. Nanda, while allowing him to go to the USA for an 18-day workshop related to his business deals in that country.

The hefty bond and surety amount on Nanda was imposed by the court after his counsel Kanchan Singh cited the apex court judgement which allowed two of the three Hinduja brothers to travel abroad on their furnishing a bond of Rs 15 crore each.

Nanda (22) is facing trial for crushing to death six persons while driving his BMW car allegedly at high speed here on January 18, 1999. His two friends Manik Kapoor and Siddharth Gupta were also with him in the car when the incident took place, the prosecution had alleged.

Mr Justice Sodhi said since all material witnesses in the case had been examined by the court, the prosecution should have no objection on Nanda’s going abroad in connection with his business deal for a short period. Nanda had moved the high court after the trial judge had dismissed his application on May 26.

Before dictating the order, Mr Justice Sodhi asked Nanda’s counsel to confirm from his client whether he was ready to furnish the bond for the same amount as had been executed by the Hinduja brothers. Nanda promptly told his lawyer that he was ready to execute the bond for the same amount.

The court rejected the contention of special prosecutor Vineet Malhotra that if the accused was allowed to go abroad, he might not come back to face the trial because he is a foreign national.

The court said “the petitioner (Nanda) can be safely allowed to go abroad as he is on bail and the respondent (prosecution) has not brought any material before the court that will suggest that he had violated the bail conditions.”

Mr Justice Sodhi directed the trial court to release Nanda’s passport to facilitate his travel abroad from June 8. The accused was further directed to report to the trial court on his return on June 30 and surrender his passport to it.

The court during the hearing pulled up the prosecution for allowing the key witnesses to be “influenced” by the accused persons. All three key witnesses in the case had turned hostile and retracted their statements in the court.

“Nobody is above law, but in this case money has been doled,” the court observed referring to the payment of Rs 65 lakh as compensation by Nanda’s family to kin of the victims.

“The main witnesses are turning hostile blatantly under the influence of money,” the court said adding that due to prosecution’s failure “a close and shut” case seemed to have been spoiled.

Six persons, including three policemen, were allegedly crushed to death when an inebriated Sanjiv, along with his co-accused friends, mowed down seven persons, killing five on the spot, in the wee hours of January 10, 1999 on Lodi Road here. PTI, UNI
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