In a serious lapse, the city police failed to seek extension of magisterial custody of Anushree Kundra, suspect in the Juhi Prasad murder case, after it expired on December 8.
In a serious lapse, the city police failed to seek extension of magisterial custody of Anushree Kundra, suspect in the Juhi Prasad murder case, after it expired on December 8.
Kundra has moved the court of the judicial magistrate first class seeking bail on the grounds that she is being illegally detained. The court on Friday directed the investigating officer to file his say.
Bangalore-based fitness specialist, Kundra allegedly set her ex-boyfriend Nimesh and his fiancee Juhi on fire at their Wanavdi flat on October 13. Juhi succumbed to injuries at a Pune hospital.
After being arrested by the city police, Anushree was remanded in police custody from November 15 to 21. It was then extended till November 25. She was remanded in magisterial custody till December 8.
Kundra filed an application through her lawyers, Vaibhav Jathar and MJ Pathan, for bail under section 167 (2) of the Criminal Procedure Code, 1973 on the grounds of illegal detention.
In her application, Kundra stated that since December 8, the investigating officer has not filed any application for extension of her judicial custody, so it amounts to illegal detention.
It is also a violation of the fundamental rights guaranteed under Article 21 and 22 of the Constitution of India and hence Kundra is entitled to bail, the application stated.
The judge directed the investigating officer in the case as well as assistant public prosecutor to file their say by December 27.
Kundra arrived in Pune from Bangalore on October 13 and had gone to Nimesh’s flat at New Market Plaza, Wanavdi to sort out their differences. After Nimesh and Juhi went to sleep, Anushree allegedly purchased two litres of petrol from a nearby station, returned to the flat and set the couple on fire before bolting the door from outside.
When contacted, the investigating officer, Arun Walture, inspector of the crime branch (unit III) told DNA, “I am not aware of any such order. It’s not our responsibility to produce the suspect once he or she is sent to magisterial custody.”
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