What Is The Case
● On Sunday, a Delhi court sentenced wrestler Sushil Kumar and his associate, Ajay Kumar, to six days in police custody after they were arrested in connection with the murder of former junior national wrestling champion Sagar Dhankhar at the Chhatrasal Stadium.
● After hearing Delhi Police's plea for a 12-day police custody remand of both accused persons, Duty Metropolitan Magistrate Divya Malhotra issued the order.
● Sushil Kumar was represented by Advocate Satwik Misra, while the prosecution was represented by Additional Public Prosecutor Atul Shrivastava.
● While requesting a 12-day police custody remand, APP Atul Shrivastava told the court that the police would recover some CCTV video, the suspected weapon used in the crimes, and the cell phones. Furthermore, Shrivastava argued that, according to the covid guidelines, a 12-day police custody remand is expected because the accused must be transported to different states for questioning.
Details Of The Case
● The fact that non-bailable warrants were released against the other accused persons, according to Sushil Kumar's lawyer Satwik Misra, indicates that the Police has already found all of them. Furthermore, it was argued that the police should not apply for his custody in order to identify other people because he claimed that he was wrongly involved in the case.
● The Delhi Police had filed an FIR under sections 302 (murder) and 308 (attempt to commit culpable homicide), as well as sections 365, 325, 323, 341, 506, 188, 269, 34, and 120B of the Indian Penal Code, as well as sections 25, 54, and 59 of the Arms Act.
● According to reports, Sagar, who was training at Delhi's iconic Chhatrasaal Stadium, died and two of his friends were injured after being allegedly assaulted by Sushil Kumar and other wrestlers on May 4 at the Chhatrasaal Stadium grounds.
Court’s Order
● The investigation is still ongoing, and some of the suspects have yet to be apprehended. The applicant/accused has already been served with the NBWs. Since it is the stage of anticipatory bail, the Court will not make any observations on the evidence as presented before it because doing so could prejudice the parties. The eyewitnesses' statements are available. As a result, the Court is not inclined to grant anticipatory relief at this time.
● Furthermore, it was argued that the Police had presented new grounds for requesting a 12-day police custody remand that was not stated in the status report filed in Sushil Kumar's anticipatory bail plea.
● Rejecting the prosecution's argument that Sushil Kumar has absconded from the case, it was argued before the Court that he has the right to go behind the scenes to seek legal redress, which is a constitutional right that cannot be denied to him.
● On Sunday morning, Sushil Kumar was apprehended by Delhi Police. His associate, Ajay Kumar, a physical education teacher at Chhatrasal Stadium, was also apprehended, and both were apprehended in the Mundka region. Sushil Kumar's application for anticipatory bail in the case was denied by a Delhi court earlier this week.
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